Attorneys Theodore B. Olson and David Boies join forces in Prop 8 lawsuit

[scandal 951]

I could see this lawsuit coming ... what I didn't imagine was that it would happen so quickly, or that it would be led by such two high profile lawyers from across the Dem/Rep divide. Will be interesting to watch this case proceed....

http://www.dailynews.com/news/ci_12461986

Attorneys Theodore B. Olson and David Boies join forces in Prop 8 lawsuit

By Tony Castro, Staff Writer

Updated: 05/27/2009 07:22:10 PM PDT

The two lawyers who faced off in the historic legal fight that decided the 2000 presidential election on Wednesday announced they are partnering on a federal lawsuit to overturn California's ban on gay marriage.

Theodore B. Olson and David Boies, who argued opposing sides of the landmark Bush v. Gore lawsuit before the U.S. Supreme Court, said Proposition 8 violates the equal protection and due process rights guaranteed by the U.S. Constitution.

The plaintiffs in the case include Paul Katami and Jeffrey Zarrillo of Burbank, who were denied a marriage license on May 20, according to the lawsuit.

"We and our relationships should be treated equally under the law," the couple said in a joint statement with other plaintiffs. "Our goal is to advance the case of equality for all Americans, which is the promise that makes this nation so great."

The lawsuit filed in U.S. District Court in northern California Friday was announced at a press conference in downtown Los Angeles Wednesday morning before a large contingent of news media that Boies said brought back memories of the 2000.

"I must say that being up here on a platform with Ted Olson and all these lights makes me want to urge everybody to count every vote," Boies said, drawing laughs.

Olson, a Republican and former U.S. Solicitor General, represented George W. Bush in the case that decided the presidential election.

Boies, a Democrat, represented Democratic presidential nominee Al Gore in that case.

Both lawyers indicated they believe their lawsuit challenging Proposition 8 could ultimately wind up before the Supreme Court as well -- and they expressed confidence they would prevail, even with a court many consider conservative and unfriendly to the issue.

"It's not about liberal or conservative, Democrat or Republican," said Olson. "We're here in part to symbolize that. This case is about the equal rights guaranteed to every American under the United States constitution."

The lawsuit filed by the two prominent lawyers seeks an immediate injunction against Proposition 8 until the federal case is resolved.

Katami and Zarrillo, the Burbank couple who are plaintiffs in the case, have been together for eight years, according to the lawsuit.

Katami, a fitness expert and business owner, graduated from Santa Clara University and received a graduate degree from the University of California, Los Angeles.

Zarrillo, general manager of a theater exhibition company, graduated from Montclair State University.

The two men were not allowed by their lawyers to address the media or answer questions at the news conference.

The other plaintiffs in the case are Kris Perry and Sandy Stier, of Berkeley, Calif., who according to documents have been together for nine years and are the parents of four boys.

Announcement of the lawsuit comes just a day after the California Supreme Court upheld Proposition 8, the voter-approved measure that banned same-sex marriage and on the morning after a series of gay rights rallies and protests.

"We're going to court because people shouldn't have to surrender their fundamental rights to a popular plebiscite," Olson said. "People should not have to beg to be treated equally or wait for decades for popular approval to be treated equally."

The lawsuit is backed by the American Foundation for Equal Rights, a newly formed organization based in Los Angeles that sought out Olson for the legal action.

Olson said he then asked Boies to join him in what they said is the first time they have served alongside each other as co-counsel.

"Mr. Olson and I are from different ends of the political spectrum," said Boies, "But we are fighting this case together because Proposition 8 clearly and fundamentally violates the freedoms guaranteed to all of us by the Constitution.

"Every American has a right to full equality under the law. Same-sex couples are entitled to the same marriage rights as straight couples. Any alternative is separate and unequal and relegates gays and lesbians to a second-class status."

In the lawsuit, Olson and Boies argue that relegating same-sex couples to domestic partnerships instead of giving them full marriage privileges violates the equal protection and due process clauses of the 14th Amendment of the U.S. Constitution.

Olson sought to allay suspicions from some gay advocates that he has sided with anti-gay positions in the past by declaring his unconditional support for same-sex marriage.

"These are our neighbors, co-workers, teachers, friends and family, and courtesy of Proposition 8 California now prohibits them from exercising this basic, fundamental right of humanity," Olson said.

"Whatever discrimination California law now might permit, I can assure you, the United States Constitution does not."

[Sofiyya 1,687]

In the lawsuit, Olson and Boies argue that relegating same-sex couples to domestic partnerships instead of giving them full marriage privileges violates the equal protection and due process clauses of the 14th Amendment of the U.S. Constitution.

I hope they're ready to use this argument to support the other kinds of "marriages" an affirmative finding would open the door for. People may scoff, but if one man/one woman marriage falls on the basis of equal rights, that doctrine cannot not stop with legalizing gay marriage. It will have to be extended to multiple marriage and other couplings now considered to be illegal and untraditional in the US.