The Advocate is reporting that a new org, the American Foundation for Equal Rights, has filed a federal equal protection suit to overturn Prop 8, and, as Salon is reporting, to overturn marriage bans everywhere.
I'm sure we'll find out more about this later, but for now the whole thing sounds kind of fishy to me. We're talking about a brand-new, non-LGBT org that got two big-name straight lawyers to file a case they'll probably lose. And I'm not saying that because I doubt their legal skill, but because, the way I see it, they will have four automatic votes against them in Alito, Roberts, Thomas, and Scalia, and I could very well imagine two or three of the others rejecting a rather expansive claim under equal protection.
I was saying the same thing about GLAD's challenge to the DOMA, and their equal protection claim is far less expansive than this new one. And considering how little information we know about the "American Foundation for Equal Rights," it's justifiable to speculate about their angle.
One of the lawyers, conservative Ted Olson, says it's about people having their day in court:
"For a long time I've personally felt that we are doing a grave injustice for people throughout this country by denying equality to gay and lesbian individuals," Olson said in an interview with The Advocate. "The individuals that we represent and will be representing in this case feel they're being denied their rights. And they're entitled to have a court vindicate those rights."
Really? Really, Ted Olson? You were arguing not too long ago that people don't, in fact, have a right to vindicate their claims in court when you were explaining why Guantanamo detainees had no right to even be charged with something while they're being detained indefinitely, much less have the right to a trial.
He's also a torture apologist who thinks that people who ordered torture that ultimately led to about a hundred people dying shouldn't have to be investigated, much less prosecuted. Apparently those people who were victims of the mini-Pinochets known as the Bush administration shouldn't have their day in court either.
Of course, Olson is being compensated, although the Advocate article doesn't say how much. To retain a lawyer of that caliber who most likely doesn't believe in the cause, though... well, it goes to show the kind of resources we're willing to spend on marriage but not on other issues, is all I'm saying. That is, if the "American Foundation for Equal Protection" is an LGBT organization.
But, well, I wish them luck. Because they sure will need it, as the precedent they'll likely set, should they or the homophobes pursue this to the Supreme Court, could come back to haunt the rest of us.