Posted by Dale Carpenter:
Federal challenge to Prop 8:
http://volokh.com/archives/archive_2009_05_24-2009_05_30.shtml#1243390261
It's apparently been filed by [1]David Boies and, interestingly, Bush
SG Ted Olson:
�For a long time I�ve personally felt that we are doing a grave
injustice for people throughout this country by denying equality to
gay and lesbian individuals,� Olson said in an interview with The
Advocate. �The individuals that we represent and will be
representing in this case feel they�re being denied their rights.
And they�re entitled to have a court vindicate those rights.�
When pressed about his service with the Bush administration, which
in 2004 endorsed an amendment to the U.S. constitution that would
prohibit same-sex marriage, Olson said he was personally against
the amendment at the time, though he made no public statements on
the matter.
As for the timing of the suit, Olson said that recent decisions by
the U.S. Supreme Court �make it clear that individuals are entitled
to be treated equally under the Constitution. I�m reasonably
confident that this is the right time for these [injustices] to be
vindicated.�
I doubt Olson is right about the timing, but no doubt this ups the
ante on any future Supreme Court vacancies for Obama. (There's already
a challenge to the federal DOMA in the First Circuit.)
If anyone has access to the Complaint, I'd like to see it.
(HT: Chris Geidner.)
References
1. http://www.advocate.com/news_detail_ektid86253.asp
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