Two titans of the law, former Solicitor General Ted Olson and major Microsoft annoyance David Boies - who squared off against one another in a little case we like to call Bush v. Gore - will be challenging the constitutionality of Prop. 8 in federal court.
They are on the right side of history at the wrong time. One of the best things about the California Supreme Court decision is that it preserves something that is still necessary in our culture when it comes to gay equality - the political process. It continues to be wildly unfair that an extremely tiny minority of us have to fight for our rights with about 97% of the dominant population. But the fact is that, against impossible odds (given the history of extreme historical bias against homosexuality), we are nearly there. Many states have further to go than California, of course. . .
But that's exactly the point. The lengthy opinion yesterday is exclusively about California state law, and doesn't have any direct effect on Nevada or Idaho or Arkansas or Oklahoma. Right now, they don't have anything to fear from our court's decision. It is our constitution that was at issue, and it will be our voters who will continue to hear why we think equality with an asterisk is not the kind of thing we want to leave as our state's legacy. But until many more states have traveled the path that California and Massachusetts and Connecticut and Maine and Vermont and Iowa have, a federal decision in our favor in the next couple of years could lead us to the next DOMA - and the last one was bad enough.
Like many others, I am fast losing any faith in our President's interest in or willingness to live up to the promises he made about gay rights. Like California's hapless Governor, Obama is turning out to be a Big Talker with nothing to show for it. Right now, we need this work to be done at the political level. That is where we need Boies and Olson most. It's also where we could use Obama most, but that doesn't seem to be his thing.
5 Comments for ““Help” is on the way. . .”
posted by BobN on
Titans? The only thing possibly titanic about this is their fees.
Something stinks about this development.
posted by jpeckjr on
I agree with BobN on this. Opportunism knocks. The speed with which the Federal case was filed indicates to me that this was lined up months ago. The risk of losing in Federal court is too great. We are making advances on the political front, with or without President Obama’s help. A loss in Federal court, at any level, creates another obstacle to overcome.
posted by Daniel on
He’s a wolf in sheep’s clothing. He’s trying to lose to set back equality for a generation and be a hero to the right wing. He senses that it’s time for a backlash. Don’t be deceived!
posted by Priya Lynn on
I agree with Daniel. They’re hoping to lose this and set a precedent against equal marriage.
posted by Pat on
He’s a wolf in sheep’s clothing.
Daniel, are you referring to Olson or Boies? or both?