The California referendum-based law banning gay and lesbian marriage, Proposition 8, was passed in November 2008—and it was overturned yesterday in a successful court challenge. I think it’s important for you to understand the legal argument behind this successful challenge because I think it’s extremely strong. Former Bush Administration Solicitor General Ted Olson and noted attorney and philanthropist David Boies were the lead attorneys who challenged Prop. 8. The logic used can win gay and lesbian rights in all 50 states.
I heard both men interviewed by Anderson Cooper last night on his “AC360” show (click here to see the interview). Their strategy had the following points:
1. Marriage is a fundamental right.
