Federal Challenge to Prop 8 Already Underway

Same-sex marriage may be dividing a nation (or at least conservatives hope it is), but it's common ground for two big time attorneys who we never expected to see on the same side of the courtroom.

"Two prominent attorneys who argued on opposite sides of Bush vs. Gore, the legal battle over the 2000 presidential election, announced Tuesday that they will challenge Proposition 8 in federal court and seek to restore gay marriage until the case is decided. Former U.S. Solicitor General Theodore B. Olson and David Boies, who represented then-Vice President Al Gore in the contested election, have joined forces to tackle the same-sex marriage issue, which has deeply divided Californians and left 18,000 gay couples married last year in legal isolation. In a project of the American Foundation for Equal Rights, Olson and Boies have united to represent two same-sex couples filing suit after being denied marriage licenses because of Proposition 8. Their suit, to be filed in U.S. District Court in California, calls for an injunction against the proposition, allowing immediate reinstatement of marriage rights for same-sex couples."

Gay groups say federal marriage suit premature
After defeat in Calif. court, they don't see good odds at U.S. Supreme Court

A coalition of gay-rights groups said Wednesday that a federal same-sex marriage lawsuit brought by two high-profile lawyers is premature and they'd rather work through state legislatures and voters to win wedding rights.

A day after the California Supreme Court upheld a voter-approved ban on gay marriage, the American Civil Liberties Union, Lambda Legal and other national organizations issued a statement saying they think the U.S. Supreme Court is not ready to rule in their favor on the issue.

"In our view, the best way to win marriage equality nationally is to continue working state by state, not to bring premature federal challenges that pose a very high risk of setting a negative U.S. Supreme Court precedent," said Shannon Minter, legal director of National Center for Lesbian Rights.