The California Supreme Court may have made their decision on same-sex marriage but no one thought it would be the end of the debate. Bringing the California ban on same-sex marriage into the federal court system is no longer a question of if it will happen but when. Though opponents of the ban are anxious to have it overturned, they are wary of the environment they are in. No matter what you believe in regards to how Supreme Court Justices should make their decisions, there is no denying that in the past, interpretations and decisions have gone far beyond the text of the Constitution. As the document is silent on the issue of marriage entirely, it will be up to the Court to determine where they will draw their decision from. Where the national consensus lies at the time of a decision could play a large role for the Justices on the bench as it has with past civil rights and liberties cases.
Determining when to bring the ban will require a great deal of observation and research on behalf of both sides of the debate. With only three states currently allowing same-sex marriage, and two to introduce the union in the fall, it would be difficult for gay rights activists to defend a consensus in their favor at present. Same-sex marriage proponents have been adamant over the past few days about holding off on lawsuits until they are sure they can make a convincing case. In spite of their pleas, two prominent and unexpected lawyers have already started on the path to the high court.
The Recorder is reporting that Theodore Olsen and David Boies, former opponents from the Bush v. Gore case in 2000, have teamed up to fight the ban in federal court starting this summer. While the two have impressive resumes, including experience with the U.S. Supreme Court, they’ve presented themselves with quite a challenge in this particular case.