May 27th, 2009
05:00 PM ET
14 years ago

Bush v. Gore lawyers target same-sex marriage ban

SAN FRANCISCO, California (CNN) - Opponents of California's voter-approved ban on same-sex marriages launched a new court challenge Wednesday, led by lawyers who were on opposite sides of the case that settled the 2000 presidential race.

Attorneys Ted Olson and David Boies have asked a federal judge to block California from enforcing the ban, known as Proposition 8. Though California's Supreme Court upheld Proposition 8 in a ruling issued Tuesday, Olson and Boies argue that the ban violates the U.S. Constitution.

"It is impossible to reconcile the restrictions that Prop. 8 imposes on the right of gay men and lesbians to marry with the U.S. Supreme Court's conclusion that the Fourteenth Amendment protects the right of all citizens to make personal decisions about marriage without unwarranted state intrusion," their lawsuit, filed on behalf of two same-sex couples, states.

Boies and Olson filed suit Wednesday on behalf of two couples who were denied marriage licenses under Proposition 8. A federal judge in San Francisco has set a July 2 hearing date on the matter.

California's Supreme Court rejected a challenge to the marriage ban Tuesday, but left intact about 18,000 same-sex marriages conducted before voters approved the ban in November.

Olson was the lead attorney for George W. Bush in the 2000 Florida recount. He served as solicitor general in the Bush administration after the Supreme Court ruling that effectively decided the election in Bush's favor.

Boies, meanwhile, was the top legal strategist for former Vice President Al Gore, that year's Democratic presidential nominee. Before that, he was the Clinton administration's top lawyer in the anti-trust case against computer software giant Microsoft.

Filed under: Same-sex marriage
soundoff (130 Responses)
  1. Cincinnatian

    Go to church.
    Learn to hate.
    Leave church.

    Thank you Focus on the Family, Knights of Columbus, and Morman Church for teaching us to be mean and afraid...Jesus must be so proud of you – NOT!!!!

    May 27, 2009 04:33 pm at 4:33 pm |
  2. Idiot_Pelosi

    And this "it's coming whetheryou like or not" attitude, well guess, what, I don't think so.

    As an indiividual, I don't have to recognize squat. IF PROP 8 had not passed, I would still NOT recognize or respect Gay Marriages and there isn't a DARN thing you can do about it.

    May 27, 2009 04:33 pm at 4:33 pm |
  3. BJ

    @ John in Ohio...

    We, the people of California, have already voted on this issue TWICE, and both times it has been defeated!

    How many more times do we need to vote on this? I saw on the news last nite that Prop 8 support is up to 56% from 52%. Bring on the vote!

    I feel sorry for the voters in the states that have had their legislators decide the issue for them...

    May 27, 2009 04:34 pm at 4:34 pm |
  4. Mac

    LOL. You can't stop progress!! All you backwards fundamental religious nutjobs out there should realize this is a futile fight.... Just look at history, the USA has rejected discrimination in the past and will keep doing so. You may be able to slow down progress but it can never be stopped.
    Oh and by the way: the non-religious (agnostic/ atheist) have been the fastest growing demographic in the country for quite a while in this country, and will continue to be so while you morons keep spewing out hate and intolerance.

    May 27, 2009 04:35 pm at 4:35 pm |
  5. Amy in Wisconsin

    My partner and I have been committed to each other for 22 years. There are huge financial and legal disadvantages to being lesbians. Why would we choose that? How could giving us the right to marry hurt anyone else? Public sentiment is changing. Young people in overwhelming numbers support equality for gay and lesbian people & public opinion in general is more supportive. So, homophobes, chnage is coming – get over it.

    May 27, 2009 04:35 pm at 4:35 pm |
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