Federal courts next?
Prop. 8, meanwhile, is heading for federal court, though not through the efforts of established gay-rights groups, which tried to avoid raising an issue that could bring the marriage dispute before the conservative-led U.S. Supreme Court. An organization called the American Foundation for Equal Rights plans to announce a federal court challenge to the ballot measure in Los Angeles today. Its lawyers are Theodore Olson, who represented George W. Bush in the dispute over who won the 2000 presidential election, and David Boies, Al Gore’s attorney in the same case. Adversaries in last year’s campaign had anticipated Tuesday’s ruling after hearing the justices’ comments at a hearing in March, and are looking ahead to another battle as early as November 2010 on an initiative to overturn Prop. 8.
