During the same week high profile LGBT organizations in California are split over returning to the ballot in 2010 v. 2012, there is a roadblock to the fast-tracked federal challenge to Proposition 8 brought by high-profile attorneys Ted Olson and David Boies. U.S. District Court Judge Vaughn Walker is "dissatisfied" with all the court filings outlining the major issues of the case and orders new filings with more details by next week, reports the San Francisco Chronicle.
Walker said the filings made last week "fail to get down to the specifics of how we are going to proceed in this case." He faulted lawyers on all sides, including those representing Republican Gov. Arnold Schwarzenegger and Democratic Attorney General Jerry Brown.
The judge complained that the five so-called case management statements he received didn't cut to the heart of the case. ... The judge said Tuesday he wants detailed information about what effects Proposition 8 has on the couples suing as well as "opposite-sex couples and others not in same-sex relationships in California." He said wants names and titles of the witnesses expected to testify and what legal standards should be used to decide the case, among other details he said were missing from the original filings.
The governor and attorney general, who normally defend state laws, are not defending Proposition 8. The state is leaving it to the Alliance Defense Fund, the conservative anti-gay legal group, to take the lead and defending California's same-sex marriage ban.
Perry v. Schwarzenegger was filed by two same-sex couples in May, only days before the state Supreme Court upheld Proposition 8. Olson and Boies have resisted attempts by the American Civil Liberties Union, Lambda Legal and the National Center for Lesbian Rights to join the case. The City of San Francisco also petitioned to join the case. Over the weekend, that was also opposed by Olson and Boies—"but with more nuance and with more caveats," notes Chris Geidner at Law Dork. Tick tock ...
Some Background ..
Ted Olson Interview in LA Times [R20]
Boies: "Prop 8 Centuries of Gay-Bashing" [R20]
Prop 8 Challenge Will Go to Supremes [R20]
Judge Fast Tracks Olson/Boies Prop. 8 Challenge [R20]
California AG Brown: Prop 8 Violates 14th Amend [R20]
Challenge to Prop 8 Filed in Federal Court [R20]