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Olson/Boies Lawsuit Survives First Hurdle

Timothy Kincaid

October 14th, 2009

There was a hearing today regarding whether the lawsuit to overturn Proposition 8 brought by Ted Olson and David Boies should be thrown out in summary judgment. (SF Chron)

Chief U.S. District Judge Vaughn Walker, in a ruling from the bench in San Francisco, said a trial was needed to resolve crucial issues, including whether gays and lesbians are persecuted minorities entitled to judicial protection from discriminatory laws. He has scheduled the trial for January.

And in a clue to Judge Walker’s thinking,

But Walker said the Supreme Court, in striking down laws against interracial marriage and by allowing prisoners to marry, had defined the right to wed as fundamental without limiting it to certain groups.

Comments

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Burr
October 14th, 2009 | LINK

That line of thinking is absolutely correct and huge potential win for liberty if properly applied.

Regan DuCasse
October 14th, 2009 | LINK

What about tyranny of a majority, or a Constitutional amendment based on animus of that minority?

These are stated in the Constitution and are a matter of long held law.
I’d also like the opposition to prove with evidence of how CIVIL marriage is redefined significantly by gay couples.

Anyone who is more scholarly regarding Constitutional law, or the Bill of Rights, I’m listening.

Oh and our President, being an attorney and Constitutional lawyer and all, should be having the skills to argue IN FAVOR of gay equality, not silence as a tacit approval of discrimination.

What’s his law degree for, interior decoration?

Joe In California
October 14th, 2009 | LINK

Look at those Canadians, EYH!!! Gay marriage does wonders! Less banks have failed, less foreclosures, better education system, health care for everyone, etc… they even have less guns per capita, and less murders per capita! They have had gay marriage for a good while now! The sky hasn’t fallen on them!

Jim
October 14th, 2009 | LINK

Our legal system at work. Thank you Ted and David for doing all this expensive and time consuming work. I’m rootin’ for your team!

Jim.

Lindoro Almaviva
October 14th, 2009 | LINK

Whatever it is, I have a feeling tha proponents of prop H8 are sh*tt*ng a pineapple right now.

DaveM
October 15th, 2009 | LINK

Ref. 71 signers to be outed:
http://blogs.secstate.wa.gov/FromOurCorner/index.php/2009/10/federal-judges-ok-release-of-r-71-petitions/#comments

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