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Thread: Bush v. Gore lawyers take on gay marriage ban

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    Bush v. Gore lawyers take on gay marriage ban

    Bush v. Gore lawyers take on gay marriage ban

    LOS ANGELES (Reuters) - Two lawyers who squared off in the legal case that determined the 2000 U.S. presidential election joined forces on Wednesday to ask a federal court to halt California's same-sex marriage ban, despite warnings from gay rights advocates not to mount a federal challenge.

    Ted Olson and David Boies, who opposed each other in the Bush v. Gore Supreme Court case, said that gays and lesbians were made into second-class citizens by California's voter-approved ban, known as Proposition 8.

    They sued on behalf of two same-sex couples who want to marry but cannot because of the Prop 8's passage.
    Bush v. Gore lawyers take on gay marriage ban | U.S. | Reuters

    Interesting, this:

    Gay rights advocates, fearing a loss in the socially conservative top U.S. court, have avoided going to federal court after other state ballot box losses.

    "A federal lawsuit at this time is terribly risky," said Jenny Pizer, one of the lawyers for Lambda Legal who argued against Prop 8 before the California court.

    Her organization, the American Civil Liberties Union and others said in a statement, "without more groundwork, the U.S. Supreme Court likely is not yet ready to rule that same-sex couples cannot be barred from marriage."
    It appears that the SCotUS may very well settle this issue sooner rather than later -- and, perhaps, the pro-gay-marriage crowd will learn that you should be careful what you wish for.
    Last edited by Goobieman; 05-27-09 at 05:07 PM.

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    Re: Bush v. Gore lawyers take on gay marriage ban

    This would be fantastic news. I agree, having them take on gay marriage now would most certainly end in defeat for them. Leaving it as it should be, up to the states.

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    Re: Bush v. Gore lawyers take on gay marriage ban

    Gay rights advocates, fearing a loss in the socially conservative top U.S. court, have avoided going to federal court after other state ballot box losses.

    "A federal lawsuit at this time is terribly risky," said Jenny Pizer, one of the lawyers for Lambda Legal who argued against Prop 8 before the California court.

    Her organization, the American Civil Liberties Union and others said in a statement, "without more groundwork, the U.S. Supreme Court likely is not yet ready to rule that same-sex couples cannot be barred from marriage
    ."
    They're jumping the gun, even prominent pro-gm is against this.

    They're forcing a court to rule that Prop8 is "constitutional", and that will work against gay-marriage in the end.

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    Re: Bush v. Gore lawyers take on gay marriage ban

    That's a pretty legendary legal team, regardless of the cause.
    People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.

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    Re: Bush v. Gore lawyers take on gay marriage ban

    Seems like such a team of lawyers wouldn't take this on if they didn't know what they were doing. However I do that agree that it's risky to simply go at it and have it be declared constitutional.
    I refuse to accept the view that mankind is so tragically bound to the starless midnight of racism and war that the bright daybreak of peace and brotherhood can never become a reality. - MLK

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    Re: Bush v. Gore lawyers take on gay marriage ban

    Quote Originally Posted by Goobieman View Post
    Bush v. Gore lawyers take on gay marriage ban | U.S. | Reuters

    Interesting, this:



    It appears that the SCotUS may very well settle this issue sooner rather than later -- and, perhaps, the pro-gay-marriage crowd will learn that you should be careful what you wish for.

    Well I hope the SCOTUS rules pro gay marriage via the 14th. Because that assures equality btwn the genders. If I can marry a woman a woman should be able to do the same by the 14th.

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    Re: Bush v. Gore lawyers take on gay marriage ban

    Quote Originally Posted by winston53660 View Post
    Well I hope the SCOTUS rules pro gay marriage via the 14th. Because that assures equality btwn the genders. If I can marry a woman a woman should be able to do the same by the 14th.
    Not if Jerry has anything to say about your personal life.
    I refuse to accept the view that mankind is so tragically bound to the starless midnight of racism and war that the bright daybreak of peace and brotherhood can never become a reality. - MLK

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    Re: Bush v. Gore lawyers take on gay marriage ban

    Quote Originally Posted by Jerry View Post
    They're jumping the gun, even prominent pro-gm is against this.

    They're forcing a court to rule that Prop8 is "constitutional", and that will work against gay-marriage in the end.
    The 18,000 legally married same-sex couples changes game somewhat.

    There's now two distinct classes--same-sex married, same-sex unmarried. Only one enjoys the rights and privileges of married couples.

    Don't the same-sex unmarried have the right to ask for equal protection under the U.S. Constitution?

    This is a very interesting developement. I hope you've been doing your homework and reading up on civil union rights vs. married rights. That could definitely come into play again because the 18,000 same-sex legally married now get the same rights as opposite-sex married. However the same-sex couples wishing to get married in CA are barred by doing so by an amendment to the CA state constitution.

    This is definitely interesting.

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    Re: Bush v. Gore lawyers take on gay marriage ban

    Quote Originally Posted by Hatuey View Post
    Not if Jerry has anything to say about your personal life.
    I'm just a lesbian trapped........ with an erection.

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    Re: Bush v. Gore lawyers take on gay marriage ban

    I would not be too sure about the Supreme Court going against same-sex marriage. The last ruling on gay rights was Lawrence v. Texas and it ruled in favor of gay rights, 6-3. Only one justice in the majority wrote a separate opinion stating the government had a right to regulate marriage. As a matter of fact, the majority opinion contained language that called marriage a constitutional right.

    Five of those justices are still on the Court with one leaving (Souter). It may all come down to the new SCOTUS nominee. It is still uncertain how Roberts and Alito will vote though, both have done work in favor of gay rights. That is a far cry from same-sex marriage, but it throws a monkey wrench into thinking they will certainly vote against it.

    What I find most interesting about this is that both Ted Olson and David Boies are Republicans, or at least they were, I cannot say for sure that they have not changed party affiliation. This brings hope that some Republicans are beginning to practice what they preach and become more inclusive.
    "Republicans believe every day is the Fourth of July, but the Democrats believe every day is April 15." -Ronald Reagan

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