Court Rejects Same-Sex Marriage Ban in California
A live press conference in San Francisco, CA following the federal court ruling overturning Prop 8, which eliminated the right of same sex couples to marry in California.
Saying that it discriminates against gay men and women, federal judge Vaughn R. Walker in San Francisco struck down California’s voter-approved ban on same-sex marriage on Wednesday, handing supporters of such unions at least a temporary victory in a legal battle that seems all but certain to be settled by the Supreme Court.
The suit asserts that Proposition 8 creates a class of “second-class citizens” and thereby violates the U.S. Constitution. The suit also calls for an injunction against Proposition 8 until the case are resolved, which would immediately reinstate marriage rights to same sex couples.
The suit was filed by two same-sex couples who wish to be married but, because of Proposition 8, have been denied marriage licenses.
The plaintiffs are represented by Theodore B. Olson and David Boies. Olson, a former U.S. Solicitor General, represented George W. Bush in 2000’s Bush v. Gore, which decided the presidential election. Boies represented Al Gore in that case. Olson, widely regarded as one of the nation’s preeminent constitutional lawyers, has argued 54 cases in the U.S. Supreme Court. Boies ranks as one of the greatest trial lawyers of his generation, having secured landmark victories for clients in numerous areas of the law. This is the first time they have served alongside each other as co-counsel. The case is a project of the American Foundation for Equal Rights.