Federal Prop 8 Test Happens Thursday

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June 29, 2009


"After all the outrage, protests and promises to put same sex marriage back on the ballot in 2010 following the California Supreme Court's May 26 ruling upholding Prop 8, the struggle over marriage equality is now back in the courts – and this time the stakes are even higher.

"According to Lambda Legal Marriage Project Director Jenny Pizer – who is one of the LGBT attorneys on the LGBT legal amicus brief - the legal groups strongly agree that Prop 8 is unconstitutional under the federal Equal Protection and Due Process doctrine.

"'It is incredibly helpful and powerful and positive to have Ted Olson speaking about marriage equality,' [Pizer said]. 'It dramatically shows how much we all have changed the legal and social landscape of this issue. It's interesting that Olson and Boies are apparently the most notable couple in the Perry litigation. But the marriage of the political right and the left is a powerful statement in this very important legal discussion.

"'From the beginning, we've been offering our views and brainstorming with [the Olson team at the law firm of] Gibson, Dunn & Crutcher. We've been urging them especially to focus the case on the importance of the unique legal and historical factors of a case brought in California, given our laws, years of good court decision, and the California Supreme Court's rulings of last year and again in the Prop 8 litigation.'"

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