Prop 8 Plaintiffs May Seek Reimbursement of Legal Fees

Jim Burroway

August 19th, 2010

When a plaintiff brings a lawsuit before a court and wins, the plaintiff may ask the court to demand that the defendant pay the plaintiff’s legal fees. So toward that end, Ted Olson and David Boies, who led the legal team that successfully argued in Federal District Court that California’s Prop 8 was unconstitutional, have filed papers indicating that they intend to ask that Alliance Defense Fund be ordered to cover their legal fees if the Ninth Circuit Court upholds the District Court’s decision. Estimates have those fees and costs running in the millions.

Imagine that. All of those people who donated to ADF to “protect marriage” may find that their money will actually go towards protecting marriage for everyone.

Priya Lynn

August 19th, 2010

That would be delicious.

Eric in Oakland

August 19th, 2010

Shouldn’t the title be “Plaintifs” rather than “Defendants”?


August 19th, 2010

Yeah, the headline should be “Plaintifs”.

Jim Burroway

August 19th, 2010

Yup. Headline’s fixed.


August 19th, 2010



August 19th, 2010

I’ll hold off on the schadenfreude until they’re actually awarded the fees. The fees should be in the millions, which, hopefully, would put a big dent in the organizing activities of the hate groups, at least for a while.


August 20th, 2010

ah, just desserts, if it comes to pass. Hate and bigotry should have an actual price.


August 20th, 2010

This tastes better than a box of Godiva chocolates washed down with a bottle of red wine.


August 20th, 2010

Yet again, Karma is the supreme force in the Universe.

Jason D

August 20th, 2010

guys, you know they’ll just fleece their supporters for it. It’s hard to feel joy when the vile take advantage of the stupid.


August 20th, 2010

Stupidity comes with a price tag, Jason. That’s why the wealthy can afford so much of it.


August 20th, 2010

The ADF deserves to pay, but they’re so irresponsible. They won’t want anything to do with this tab. They’ll try to stick their failed legal challenge to the California tax payers.

They must not be allowed to do this.


August 20th, 2010

Can we sue the defendants for the 44 million that we had to spend to defend against 8?


August 20th, 2010

That made my day. I do fear that they would use any such judgment as another fundraising opportunity, though.

Timothy Kincaid

August 20th, 2010

I wonder if getting fees is really their goal.

Technically, the Governor and Attorney General are the defendants and the state would be on the hook. ADF, as a intervenor would have no liability.

This may be simply a way of saying, “Oh, so you think you have standing, do you? Then pull out your checkbook cuz it’s time to put up or shut up.”

Jason D

August 20th, 2010

Tim, that’s an interesting twist. Seems Olson and Boise don’t pull any punches.


August 20th, 2010

“It’s hard to feel joy when the vile take advantage of the stupid.” — Jason D

Not when it’s willful stupidity.


August 22nd, 2010

@Gdad, you’re right it could become a fundraiser… but ADF would have to be pretty careful how they worded things. If they said, “We need your money so we can pay off the legal fees of those who won a battle for gay marriage” I’m guessing people might not be too moved to donate. I hope ADF has to pay dearly :D

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