Ted Olson and David Boies take on Proposition 8 at the Federal Level

A twist in the plot of same-sex marriage in the United States. Attorneys Ted Olson and David Boies, who were on opposite sides of the case that settled the 2000 presidential race, have asked a federal judge to block California from enforcing the ban, known as Proposition 8. Backed by the American Foundation for Equal Rights, the lawsuit was filed Wednesday on behalf of two same-sex couples who had been denied marriage licenses under Proposition 8, and states:

"This unequal treatment of gays and lesbians denies them the basic liberties and equal protection under the law that are guaranteed by the Fourteenth Amendment of the United States Constitution."

The Fourteenth Amendment of the United States Constitution is a provision with which all state laws must comply. A federal judge in San Francisco has set a 2 July 2009 hearing on the matter.

Well, interesting, and somewhat hopeful, I'd say. Yes, a coalition of groups (including the American Civil Liberties Union, the Human Rights Campaign,and the Lambda Legal Foundation) fear that the U.S. Supreme Court will rule against same-sex marriage, thus potentially leading to more widespread rejection of gay and lesbian rights across America. Yes, perhaps pursuing rights through another plebiscite or through the Legislature may work as well.

But, as the two lawyers point out, Proposition 8:

· Violates the Due Process Clause by impinging on fundamental liberties.
· Violates the Equal Protection Clause of the Fourteenth Amendment.
· Singles out gays and lesbians for a disfavored legal status, thereby creating a category of “second-class citizens.”
· Discriminates on the basis of gender.
· Discriminates on the basis of sexual orientation.

And, as Mr. Olson states, "Whatever discrimination California law now might permit, I can assure you, the United States Constitution does not."

I am convinced that this new suit is a step forward in the right direction. This is not the time for trepidation in the United States, I think. It's the time for change.