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May 28, 2009


As expected, Tuesday's decision allowing California's Proposition 8 to stand is now, officially, headed to the United States Supreme Court.

According the transcript of a press conference held yesterday and posted at Box Turtle Bulletin, Chad Griffin, board chairman of the American Foundation for Equal Rights, announced that they have filed a lawsuit in the federal courts against the state of California. In addressing the press conference crowd, Griffin said:

Yesterday, the California Supreme Court issued a ruling that had a profound effect on California gays and lesbians. We saw thousands of people take to the streets last night to express their sadness, grief and dismay at the court’s failure to protect their fundamental rights. But yesterday’s ruling had an even more profound impact. It signaled to gay Americans across this nation that we are not viewed as equal in the eyes of the law. To every American whose rights are being denied, we’re here to say this fight is not over and we will win.

We’re taking this fight to the federal courts in order to protect the equal rights guaranteed to every American by the United States Constitution. Our courts exist to protect our rights when they are violated, and we are prepared to go all the way to the United States Supreme Court to find justice.

We are acting now because as Dr. King said, “Justice delayed is justice denied.” For even one couple to live through one more day of state-sanctioned second-class citizenship is one day too many.

The seriousness of this effort is underscored by the stature and reputation of the two attorneys who have agreed to act as co-councils for this action.

Both are seasoned professionals who have argued before the Supreme Court in what is probably the highest profile and most contentious political battle in the history of our country.

Ted Olson and David Boies are the two attorneys who argued against each other in the now infamous Bush v. Gore Supreme Court case that was watched and scrutinized by virtually the entire world. According to Griffin, these two outstanding attorneys are working together to fight this historic civil rights battle because "they share an abiding belief that all Americans are guaranteed equal protection under the law, and are guaranteed the right to marry the person they love."

Ted Olson said at the press conference;

The case we filed on behalf of the individuals that you see before you today is not about liberal or conservative, Democrat or Republican. We’re here, in part, to symbolize that. This case is about the equal rights guaranteed to every American under the United States constitution.

David Boies followed by saying;

Our constitution guarantees every American the right to be treated equally under the law. There is no right more fundamental than the right to marry the person that you love and to raise a family.

The courts exist to reverse injustices. The purpose of our constitution and the purpose of our court system is to make sure that the promise of our constitution is extended to every American. That’s what this lawsuit is about.

I just hope that when this case does reach the Supreme Court there are enough justices seated at that time who will agree that this is, indeed, a case of equal justice and equal treatment under the law. Hopefully, Obama will be able to replace at least one of the extreme rightist with someone more attuned to the true intents of our founding fathers.

Since Sotomayor's appointment would keep the balance the same, it does seem that my hope is a pie-in-the-sky dream because at least one of those extremists would have to die or resign before then. Would it be wrong to say I'm keeping my fingers crossed?