The suit by two gay couples in Federal Court that California’s Proposition 8 violated their constitutional rights is nearing its end.
Neither the governor nor the attorney general of California chose to defend Prop 8 so the defense is being paid for by a coalition of anti-gay marriage private groups including a number of religious organizations.
The primary attorney for the plaintiffs is Ted Olsen, a former Solicitor General of the U.S. and Conservative Republican stalwart who apparently has not forgotten the financially conservative but socially progressive roots of the GOP. You remember Olsen, he argued for Bush in Bush v. Gore. His partner in this case is David Boies who argued Bush v. Gore for Gore.
To quote Olsen, “All throughout the U.S., people are being denied the right every single day to be treated as decent and honorable citizens of the United States, at some point that has to stop."
The Republican appointed judge, Vaughn Walker, appears determined to issue a ruling that is as reversal-proof as possible and is probing deeply in the details and potential impacts of same sex marriage.
I suspect what is concerning Walker is the point that one man’s rights end where the next man’s begin. To be honest with you, I see no reason to believe that granting gays the right to marry would violate anyone else’s rights. In other words, the arguments from the Religious Right that it would impinge the right of free speech or of religion are pure nonsense.
But that’s just my opinion and there could be another rights conflict that I’m unaware of. Here's hoping Vaughn won't pass up this opportunity to make history and is working hard at making sure he can't be reversed by our current Right Wing Supreme Court. I guess we shall see what we shall see.