Several magazine's has a interesting articles talking about the Proposition 8 case in California led by lawyers Olson & Boies and it's prospects of sucess at all levels including an eventual Supreme Court challenge. Time Magazines article is...
A Gay-Marriage Lawsuit Dares to Make Its Case
The case has brought together some of the most powerful appellate attorneys in America but has divided gay-rights lawyers and legal scholars who fear that even if successful, the case could set the issue on a collision course with a less-than-sympathetic U.S. Supreme Court.
"The stakes are extremely high," adds law professor Samuel Marcosson of the University of Louisville, author of Original Sin: Clarence Thomas and the Failure of the Constitutional Conservatives. "I think the plaintiffs are (unfortunately) very likely to lose — at least if the case makes it all the way to the Supreme Court — and set a precedent that didn't need to be, and shouldn't have been, set. The case was premature and ill-advised."
Another article is very interesting and offered in California lawyer magazine..
Anatomy of a Complaint: How Hollywood activists seized control of the fight for gay marriage by Chuleenan Svetvilas
The litigation group was mindful, however, that many lesbian, gay, bisexual, and transgender (LGBT) advocacy groups were pursuing a different strategy to legalize same-sex marriage, taking a state-by-state approach and avoiding a federal challenge. "We did not want to have a big debate about what we felt was the right strategy," Boutrous explains. "We did not want that debate to break out before we launched our suit."
Nan Hunter, founder of the ACLU's LGBT Project, shared Kendell's concerns.
She called the lawsuit "reckless" because "there is a significant chance of failure if the case reaches the U.S. Supreme Court." Hunter, now a professor at Georgetown University Law Center in Washington, D.C., also noted that LGBT legal groups had been following a "very careful and deliberate, collaborative" strategy for many years, only to have it "thrown off by an organization with a small number of people who are wealthy enough to pay for a major litigation effort."
ALSO: Boies & Olson have a web site up...
The American Foundation for Equal Rights - the new organization sponsoring the federal legal challenge to Prop 8 - just put up a new, clean, easy to navigate website with lots of useful information, including videos, photos, the lawsuit, the plaintiffs' legal filings, news, press coverage, and press releases.
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