Wednesday, May 27, 2009

Update on Prop 8: Maybe it's not completely hopeless

So I saw in the news today that the lawyers who represented President Bush and Al Gore in the 2000 Bush v. Gore Supreme Court debacle have teamed up together to fight the constitutionality of Proposition 8 in federal court. This is huge for a few reasons. First, it's another blow to the ideological bigots who want to deny people of a right based on nothing more than outdated prejudices and preconceived notions about what a "family" should be. As if denying two people the legal right to commit to one another will somehow strengthen families.. whatever. Second, it's two major players in the legal realm who would not normally team up. Ted Olson is a hardline conservative and David Boies is a godless pinko commie liberal. The fact that they were able to come together for a common purpose says a lot about the importance of this issue, as well as the fact that I would prefer it be litigated by these legal powerhouses than by some jackass solo practicioner who's in over his head. Third, they're attacking it in federal court on Equal Protection grounds, meaning it has the possibility to make it all the way to the Supreme Court. While I'd like a few more states to legalize gay marriage before it makes it to the Supreme Court, I think the logic is sound, and the complain quotes some heavy SCOTUS precedent like Loving v. Virginia and Brown v. Board of Education. Overall I think it's great to see people standing up for the rights of others. I think Patrick from Popehat said it perfectly:

A court finds that the California constitution has always contained a right that very few thought to exist ten years ago, and a mob of yahoos remove the right based on religious and social prejudice just by putting their thumbprints on a ballot.

Keep your fingers crossed.

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