Box Turtle Bulletin

Box Turtle BulletinNews, analysis and fact-checking of anti-gay rhetoric
“Now you must raise your children up in a world where that union of man and box turtle is on the same legal footing as man and wife…”
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Posts for November, 2009

AFER: Rights Should Not Be Determined By Political Campaigns

Jim Burroway

November 4th, 2009

The American Foundation for Equal Rights has released a statement in response to the outcome of Maine’s Question 1. AFER, you may recall, is behind the Federal court challenge to California’s Proposition 8 by attorneys Theodore Olson and David Boies. AFER President Chad Griffen’s statement states what ought to be the obvious (no link):

“Our founding fathers did not intend for people’s Constitutional rights to be determined by political campaigns. The results in Maine underscore exactly why we are challenging California’s same sex marriage ban in federal court. When the Supreme Court ruled in Loving v. Virginia, more than 70 percent of Americans disapproved of interracial marriage. The U.S. Constitution guarantees equal rights to every American, and when those rights are violated, it is the role of our courts to protect us, regardless of what the polls say.”

Three Pro-Gay Groups Respond To AFER’s Letter

Jim Burroway

July 10th, 2009

Chris Geidner has gotten some reactions from the National Center for Lesbian Rights, Lambda Legal, and the ACLU concerning the letter from the America Foundation for Equal Rights (the group behind the Olson and Boies lawsuit challenging Prop 8) sent to those groups demanding that they not seek to intervene in the suit:

Looking at [AFER board president Chad] Griffin’s letter, it is clear that — far from being blindsided by the Perry lawsuit — the LGBT legal organizations were well aware of and chose not to participate in the filing of this lawsuit. It is also clear, though, that the groups have been working with the lawyers for the case since its filing to discuss strategy and a way to “integrate” the groups more fully in the case.

When contacted Thursday, James Esseks, the co-director of the ACLU’s LGBT Rights Project, said of the distinction between the groups’ initial response and their filing on Wednesday, “People can disagree about when and whether to jump into the pool, but once you do it makes sense to swim as hard as possible to get to the other side. . . . We’re all in the pool; it’s not just those plaintiffs.”

..Toward the beginning of Griffin’s letter, he stated of the groups that “it is inconceivable that you would zealously and effectively litigate this case if you were successful in intervening.” Esseks, of the ACLU LGBT Rights Project took strong objection to that, saying, “Any suggestion that [the groups] would want to lose a marriage case is off-the-wall to me. It’s unfathomable.” Likewise, Shannon Minter, the legal director at NCLR responded in a statement that “Our only focus right now is on doing everything we can to help win the case.”

I don’t think the letter from AFER suggests that any of the groups would actually want to lose the case. What it does suggest is that a group that doesn’t believe that a case should have been filed may not be as effective as those who do.

Chris argues that the groups are right to try to intervene in order to broaden the factual record for the inevitable appeals to the appelate court.