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August 16, 2009

Analyzing the legal strategies in the Olson/Boies Prop 8 lawsuit

As previously reported, the federal judge in the high-profile challenge to California's Proposition 8 filed by attorneys Ted Olson and David Boies has ordered the parties to file new, more detailed statements of their legal positions.  A helpful article in the San Francisco Chronicle analyzes the legal positions that have been asserted on both sides.  Much of the dispute comes down to whether the case can be disposed of on summary judgment, as the conservative religious defendants in the case urge, or whether a trial is necessary to determine such issues as the suitability of gays and lesbians as parents, comparisons of marriage and domestic partnership, the extent of discrimination based on sexual orientation, and whether Prop 8 was primarily motivated by anti-gay religious bigotry.

-SS

August 16, 2009 | Permalink

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Comments

The trial is a sure win.
Wanna bet?

Posted by: fern | Aug 17, 2009 2:23:56 AM

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