Thursday, June 4, 2009

Federal Case Against Prop 8 Announces Its Board

The federal case from the American Foundation for Equal Rights against Prop 8, spearheaded by uber-lawyers Ted Olson and David Boies, has announced the board behind the challenge.
  • Chad Griffin, founding partner of political and communications strategy firm Griffin|Schake
  • Rob Reiner, film director
  • Michele Reiner, photographer, producer, and children’s advocate
  • Bruce Cohen, producer
  • Kristina Schake, founding partner of political and communications strategy firm Griffin|Schake
  • Dustin Lance Black, Oscar winning screenwriter for "Milk"
More detailed information on the board here:

American Foundation for Equal Rights Board

Read Time's article from today, "Olson's Gay-Marriage Gambit: Powerful Symbol, but a Risk."

Do you think the timing is right to go to the federal level to fight Prop 8? What if we win in 2010 or 2012 before this case is heard in the Supreme Court? It would make this case moot and erase any chance of federal recognition it could bring. Or worse, what if it does go to the conservative Supreme Court and we lose there?

What are your thoughts?


  1. I absolutely believe the time is right and the cause is just! I'm highly disappointed to see organizations who are supposed to fight for the LGBT Community shreek from this opprotunity! Should the suit succeed it makes me wonder what these organizations will do with so much egg on their face... it has already made me reconsider my donations - if I even choose to donate.

  2. I've thought about this a lot in the past week. All the major LGBT organizations who have foughten for our rights so much, say it is a bad idea, but on the other hand it has such potential to speed up the fight for equality, or potential to slow us down by decades. I would feel much more comfortable if the head of all the major organizations fighting for our rights would have a meeting on the subject and invite Olson and Boies. They should have a meeting and discuss this topic, to find out exactly why the two lawyer think now is the correct time. I quess we're going to find out.

  3. It is absolutely the right time! I am tired of waiting for the "right" time; there is no right time. There is only equality, now lets get it.

  4. Ken, I think those organizations are just worried about all the couples this could hurt. I will agree that I have thought this may be the time. Just imagine the egg on the face of the lawyers if they loose the case. Imagine what that could do to Dustin Lance Black's career. By the way, I'm not taking tides, because I really don't know who to agree with.

  5. Until recently, I was all for a Federal suit. I feel that any opportunity to get the issues heard is a good one. But then I learned about Baker v. Nelson. This Supreme Court case is the current precedent regarding gay marriage. The SC ruled that there was no federal case. The ruling is binding on lower courts, meaning they cannot even hear a suit concerning same-sex marriage.

    Given the reality of Baker v. Nelson, this suit won't be able to be heard in any federal court other than the Supreme Court. Given the current composition of the Supreme Court, I'm concerned that the likely outcome will be that the court will simply refer to Baker v. Nelson and refuse to hear the case. We'll be back to square one.

  6. But consider the judges who ARE on our side on the Supreme Court (we all know who that isn't - *coughscaliacough*). I wonder if they would even agree to take the case at all if they knew that we couldn't win, because a loss would set us back decades, and they know that.

    So it may not hurt just to go for it, because our allies on the court would turn down the case, in our best interests, if they weren't sure there was a win.