Deja Vu All Over Again…

May 28, 2009

On the same day President Obama announced his nomination of Judge Sotomayor to the Supreme Court we learned that the California Supreme Court had decided that Prop 8, which superceded the Court’s previous ruling allowing gay marriage, was valid. I had the same bittersweet feeling I did in Nevada, the day Obama won the election and Prop 8 passed. One step forward, one huge one back. I believe we will look back on this period in our history with great shame in the very near future. This is not about politics, religion, or morality…it IS about equality. Equal rights and equal protection. But the wave of outrage at the last vestige of codified discrimination is growing steadily, and I would bet that this case will be one of the first that soon-to-be Justice Sotomayor will grapple with. The process has already begun:

By Steve Wiegand
Sacramento Bee
A strange-bedfellows duo of top constitutional lawyers said today they are challenging the legal validity of Proposition 8, the November 2008 ballot measure that prohibited same-sex marriages in California.
Speaking at a Los Angeles press conference, attorneys Theodore B. Olson and David Boies said they had filed a suit in federal court on behalf of two gay California couples, and would seek an injunction to stay the law while arguing it is a violation of the equal-protection clause of the U.S. Constitution.
Olson, a former U.S. solicitor general, represented former President George W. Bush in Bush v. Gore, which decided the 2000 presidential election. Boies represented Bush’s Democratic challenger, Al Gore.
The case “is not about liberal or conservative, Democrat or Republican,” said Olson. “This case is about the equal rights guaranteed to every American under the United States Constitution.”