Jonathan Turley reports that Prop 8 will receive some scrutiny in federal court, and some heavyweights are on the team:
Theodore B. Olson, the U.S. solicitor general under Bush and his lawyer in Bush v. Gore, and David Boies, who represented former vice president Al Gore in that case, have joined forces to challenge Proposition 8 in federal court after this week’s loss in the California state court system.
A successful challenge would circumvent the need for a state by state fight on the issue. The Supreme Court has long dodged the question, even in its historic Lawrence v. Texas decision.
They are challenging the prohibition of same-sex marriage as a violation of the equal protection and due process clauses of the Fourteenth Amendment to the U.S. Constitution.
Olson stated” “For a long time I’ve personally felt that we are doing a grave injustice for people throughout this country by denying equality to gay and lesbian individuals. The individuals that we represent and will be representing in this case feel they’re being denied their rights. And they’re entitled to have a court vindicate those rights.”
BTW, I’ve been reading Turley’s blog off and on for quite a while now and am adding it to the blogroll. Turley seems to really “get” blogging, and I find something interesting there every time I check.