Though anti-gay-marriage forces won on Prop 8 in California, their victory came at a steep price: the vote served as a wake-up call to millions of straights who are sympathetic to SSM but who, until then, had been content to sit on the sidelines. After Prop 8, straights took ownership of the SSM cause as never before. I think history will show this to have been an important change in the political dynamic, perhaps a landmark.
Now comes more evidence of a whole new level of straight engagement: the lead lawyers in the new federal SSM lawsuit are Ted Olson and David Boies, both straight, and both among the most eminent lawyers in the world.
Like a number of gay groups and fellow blogger David Link (below), I think this suit is likely to be counterproductive. (I'll withhold judgment on the legal merits until briefs are available.) I hope the federal courts will keep their distance and continue to let states go their separate ways.
Even so, the passion with which Olson and Boies make the case for marriage rights at their recent press conference is unmistakable and moving. And it is important in its own right: another sign that the cause of gay marriage has turned a corner among straight Americans.
11 Comments for “Ted Olson, David Boies, and Us”
posted by Necktie Knot on
But… they’re lawyers, for heavens sakes, they’re trained to take every side of an argument and argue it passionately as if it were their own. Who’s behind them? I can easily see that what they’re doing is seeing a window of opportunity closing on the US Supreme Court where they can get a ruling that same sex marriage is not protected by the 14th Amendment. That would be a situation that would put us back even further. Sometimes a little paranoia can be a good thing.
posted by Bobby on
I wonder how much they’re getting paid for their “passion.”
posted by David Link on
Bobby, would it make a difference to you if Boies and Olson were doing this pro bono? I honestly have no idea, but there is some serious concern in the comments here about them doing this for the money (which I’d have thought wouldn’t be such a bad thing around a site like IGF). While I’m with Jon in being a bit nervous about the possible outcomes, I don’t know the lawyer’s motives, and actually don’t think they matter much. What does matter is the reputations of the key public players. Olson, in particular, has put a lot on the line, especially given the GOP’s current unforgiving attitude toward apostates. Whether he gets paid a lot or a little or nothing at all, the fact of his very high level participation in this is, as Jon says, a corner turned among straight Americans — and particularly straight conservative Americans.
posted by Bobby on
David, I don’t mind people making money, quite the opposite, but I do mind this glorification of lawyers that aren’t sacrificing anything. They’re not like the criminal lawyers that get their names thrashed by the newspaper, or persecuted by the federal government because they where effective defending alledged mafia bosses.
Ted Olson and David Boies are being well compensated for their efforts, those TV appearances only helps them generate more clients and make more money. It’s free advertising in a field where actual TV commercials can make a lawyer look cheap.
So lets keep things in perspective.
posted by BobN on
“Even so, the passion with which Olson and Boies make the case for marriage rights at their recent press conference is unmistakable and moving.”
You’re kidding, right? The clip I saw of Olson showed him reading boilerplate civil rights stuff from notes. Not the sort of performance one would expect from a lawyer of such stature.
And did you bother to read the Advocate story? These guys’ fees are being paid by the unknown “civil rights organization” that just hatched out of thin air last week.
No, nothing suspicious here…
posted by BobN on
“What does matter is the reputations of the key public players.”
What matters is the quality of the case. There are plenty of better cases to take to the SCOTUS.
“Olson, in particular, has put a lot on the line, especially given the GOP’s current unforgiving attitude toward apostates. ”
Olson isn’t a political player as much as he is a top litigator. You think mega-corporations are going to turn away from him because he’s taken a no-win case for “teh gays”?
posted by Daniel on
I see many gays are dangerously naive. Olson is a Bushie and a Republican. His moving words look like crocodile tears to me. Be careful or you may get bitten.
posted by Pam Daniels on
Daniel (love that name? Guess why I chose it as my last name?), BobN, Bobby, David Link, et al?
Hi, I?m Pam Daniels a pre-op trans-lesbian woman and a ?True Conservative!? How?s that for complicated!
Guys, whomever is ?footing the bill? for Olsen and Boies, they?ve (Olsen and Boies) nailed the argument and we should help them! Let?s ?not look a gift horse in the mouth!?
I just finished watching Olsen and Boies together on MSNBC?s ?Hardball with Chris Mathews??
On Olsen?s motives? Usually in politics it takes someone from the apparent opposite side to make clear the need for a change in position! Nixon on the US relationship with China, Menachem Begin making peace with Egypt, Sandra Day O?Connor on ?Roe V Wade!?
Olsen diserves major KUDOS for putting his name on the line, but he makes a sound legal argument?More important David Boies in the interview with Chris Mathews on ?Hardball? used keywords near the end of the interview that I was waiting to hear! Those keywords? ?Brown Vs Board of Ed!? Under our wonderful, beautiful constitution, you can?t have separate but equal! The ?Brown? decision ended segregation in the US forever!
Olesn and Boies are both clear headed ?True Conservatives? leading the way right now by protecting individual freedom. We must help them!
All LGBT people in the US should swear out affidavits stating we are born LGBT and ?flood? Olsen and Boies? offices with said documents? MMmmmm, this reminds me of a wonderful scene in ?Miracle on 34th Street!? I wonder if Olsen is a big fan of the classic movie ?A Christmas Carol,? the Reginald Owen version of course!
Just as African Americans are born with darker colored skin we LGBT people are born with our sexual orientation and gender identities and therefore automatically entitledd to ?Equal Protection? under the constitution!
With this in mind I make a prediction? Chief Justice John Roberts will side with us! Roberts has said that ?Brown? and ?Roe V Wade? are ?settled law!? Roberts is committed to upholding precedence. Let?s make it impossible for Roberts not to side with us? Let?s all ?testify? with affidavits that ?we?re born LGBT? then Roberts will have to decide with us!
Okay gentlemen, I?m ?signing off, that is all.?
Pam Daniels
posted by Bobby on
Hi Pam, welcome aboard, how do you define “true conservative?”
Frankly, I don’t know what to call myself anymore, I’m very libertarian and individualistic when it comes to sex, drugs, and personal choices such as home schooling but very right-wing when it comes to political incorrectness, war, taxes and the death penalty (I would like to bring back the electric chair and televise the proceedings).
posted by Pam Daniels on
Real Simple Bobby… The “Prime Directive” of the US Constitution is to protect individual freedom and liberty and we the people must keep Gov’t small and close the the people!
How?s that!
Pammie
posted by Pam Daniels on
Oh, Bobby! Thank you for “Welcoming me Aboard!” I love this blog and sincerely hope I can contribute constructively!
Pam