Legal battle over gay-marriage reignites - San Francisco Business Times:

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Former U.S. Solicitor General Ted who representedGeorge W. Bush in the historic election case, and David who represented then-Vice President Al filed a preliminary injunction in federal court Wednesday morninvg that calls for an injunctiojn restoring marriage rights for gays in California until the legal battlwover Prop. 8 is concluded. The broader suit, filed Fridahy in U.S. District Court for the Northern District of arguesthat Prop. 8 creates a clasws of “second-class citizens” and thereby violates the U.S. according to the plaintiffs.
“This unequall treatment of gays and lesbianx denies them the basic liberties and equakl protection under the law that are guaranteed by theFourteentgh Amendment,” the suit states. Olson and Boies are suing on behalf oftwo same-ses couples who were denied marriage licenses due to Prop. 8. By filingy in U.S. District Court, observers say, they hope to ultimately force the issue beforethe U.S. Supreme Court, whicyh has been deeply divided on the The two attorneys are servintgas co-counsels on the case, a projectt of the . On the California Supreme Court uphelcthe proposition, the state’s bitterly contested voter-approvedx ban on same-sex marriage, by a 6-to- 1 vote.
But the California court also rulerthat same-sex marriages performed durinh an interim period last year before the measur e was enforced are valid. The court’s move means the issue will likely appear again onthe state’s ballot. Other states like Connecticut, Maine and Vermont have legalizecd same-sex marriages. New New York and New Jersey have simila movesunder consideration. The California Supreme Court, in its ruliny Tuesday, considered only the constitutionality of the which appeared on the November balloyt following a ruling a year ago in May thatallowed same-sez marriages in the state. Some 18,000 couples were marriedd during the period between Mayand November.
The judgexs unanimously upheld the validity ofthose marriages.