David Boies, left, and Theodore B. Olson, the lawyers who successfully challenged California’s ban on same-sex marriage, want to do the same with appeals cases in Utah and Oklahoma. Pablo Martinez Monsivais/Associated Press
It got me wondering if these two lawyers are good or bad for legal cases regarding same-sex marriage. Here’s my thinking. The sentence above, really isn’t true. These two did not successfully challenge the California ban. Not really. Yes, they won before a Ninth Circuit Judge, but the US Supreme Court threw out the case because of a technical issue- the defendants didn’t have standing to bring the case before the Ninth Circuit to begin with. Successfully challenging the case would have meant the final verdict would have been to dismantle Prop 8 while at the same time leaving a rich and detailed court record that would be used as precedence in all future cases. And in that regard they failed big time. Yes, Prop 8 was dismantled, but not because of these two legal hotshots. All that time and money was wasted on the Prop 8 fight since it failed to get to the US Supreme Court. Yes, the outcome was good for California couples, but did nothing for the rest of the US. In an interview, Olson says:
“The reason we were brought in,” he said, “was the people in California who first contacted us were very concerned that lawyers would bring a challenge to Prop 8 that didn’t know how to take a case all the way to the Supreme Court — how to prepare it, how to build a foundation, how to present it, how to articulate the arguments.”
“It is impossible,” he added, “to overstate how important it is, and how meticulously handled it must be in order to ensure the best outcome.”
If he honestly thought that the outcome they achieved for Prop 8 was the very best outcome, I just can’t agree. Other cases argued by other legal experts have done more to propel the National acceptance of same-sex marriage far more than only the work of these two.
I agree with Shannon Minter:
Shannon Minter, a lawyer for the center, declined to comment on whether he had heard from Mr. Olson, Mr. Boies or their representatives, but he did point out that who argues the case is not the only important factor.
“There are more than 40 cases challenging state marriage bans in at least 22 states, and some of the nation’s best lawyers, legal organizations and law firms are litigating those cases,” Mr. Minter said. “By the time one of these cases reaches the United States Supreme Court, I’m confident that the most persuasive arguments will be compellingly presented.”
The arguments against same-sex marriage are feeble and unjustifiable. A talented legal team is very needed, but it would be a mistake to believe that only these two can make a US Supreme Court win possible.
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