Olson/Boies To LGBT Orgs: Get Lost

Two weeks ago I told you that Lambda Legal, the ACLU, and the National Center for Lesbian Rights had reversed course and decided that they did want to join in the Olson/Boies federal marriage lawsuit after all. But still smarting from the way LGBT organizations dissed their proposal, the foundation supporting the superstar lawyers says they're not interested.

But the newly formed political group funding the case, the American Foundation for Equal Rights, is opposing the request. The foundation scored a public relations coup when it persuaded the high-profile lawyers who squared off over the disputed 2000 presidential election to take on the lawsuit. In a letter to the legal groups sent Wednesday, board president Chad Griffin, a Los Angeles-based political consultant, said the show of solidarity was coming too late since the same groups originally criticized a federal civil rights claim as premature. "You have unrelentingly and unequivocally acted to undermine this case even before it was filed. Considering this, it is inconceivable that you would zealously and effectively litigate this case if you were successful in intervening," Griffin said. "Therefore, we will vigorously oppose any motion to intervene."

Dayum!

UPDATE: Larry Kramer weighs in via email to the above-named LGBT orgs.

i implore your three organizations, lambda legal of los angeles, national center for lesbian rights, and aclu lgbt project, to not interfere with the olson/boies case. you will only botch up what they are trying to achieve. you have thus far not achieved it on your own and with your own tactics, so why are you trying to kybosh someone who has come along with fresh new energy, ideas, and clout? you are only behaving in the worst possible bitchy way, the way gay groups can fall victim to when their feelings are hurt. keep your noses out of it, will you please? i beg of you. you should be cheering these guys from the sidelines and showering them with gratitude for coming along and trying to help us in our hugely enfeebled position, brought on in great part by our inability to work together effectively ourselves. you are only perpetuating this useless behavior.

larry kramer

(Via - Rex Wockner)

Gays Orgs Reverse Course, Now Support Federal Marriage Suit

Earlier this month, a powerful coalition of LGBT and progressive groups issued a joint statement in opposition to the federal marriage lawsuit being brought by superstar lawyers Ted Olson and David Boies. Yesterday the American Foundation for Equal Rights (AFER) announced that the ACLU, Lambda Legal, and the National Center for Lesbian Rights had reversed course and filed an amicus brief in support of their suit. Law Dork breaks it down:

This is very big news. The initial response, across the board, was that the Olson/Boies suit was a poorly planned, hastily arranged lawsuit by people outside of the “gay establishment” — including the smart and successful lawsuits brought repeatedly by the Gay & Lesbian Advocates & Defenders (GLAD). The groups, which included all of these groups, the major political LGBT groups and Evan Wolfson’s Freedom to Marry, wrote:

The groups released a new publication, “Why the ballot box and not the courts should be the next step on marriage in California.” This publication discourages people from bringing premature lawsuits based on the federal Constitution because, without more groundwork, the U.S. Supreme Court likely is not yet ready to rule that same-sex couples cannot be barred from marriage.

Now, the three legal groups other than GLAD apparently have filed court briefs supporting the Olson/Boies suit. GLAD is notably absent, as is Freedom to Marry. Is this a sign of a break in Gay, Inc., on the Olson/Boies suit?

The question here, according to Law Dork, is whether the groups joining the suit have had a real change of mind or if they merely think the suit is unstoppable, so they may as well join in.

Maggie Gallagher Vs. Tobias Wolf

NOM's Maggie Gallagher and University of Pennsylvania law professor Tobias Wolf debated the federal marriage suit on CNN this weekend. Gallagher pledges that NOM will force the repeal of same-sex marriage in all states where it is presently legal. She also dismisses support for same-sex marriage among the nation's youth, saying, "I don't think you should go to 18 year-olds and ask them to decide the future of marriage."

Anti-Gay Alliance Defense Fund Seeking To Oppose Federal Marriage Equality Suit

The anti-gay Alliance Defense Fund is seeking to formally oppose the federal marriage equality lawsuit filed by Ted Olson and David Boies.

The Alliance Defense Fund filed court papers Thursday asking U.S. District Judge Vaughn Walker to allow it to defend the constitutionality of Proposition 8. Gay couples prohibited from marrying filed a lawsuit in San Francisco federal court May 22 and allege that California's marriage ban violates constitutional equal protection provisions. The Alliance Defense Fund spent more than $37 million in leading the campaign to pass Proposition 8 in November and successfully defended it before the state Supreme Court. The judge will hold a hearing July 2 to consider the group's request and whether to temporarily suspend the ban while considering the lawsuit.

Despite their win with Prop 8, the ADF has lost numerous other challenges to LGBT rights laws, including NY Gov. David Paterson's directive that state agencies recognize same-sex marriages performed in other jurisdictions. Olsen and Boies are bringing their case on behalf of the American Foundation For Equal Rights. They are representing plaintiffs Kris Perry & Sandy Stier, and Paul Katami & Jeff Zarrillo.

Olson & Boies On Their Prop 8 Suit