Former Bush v. Gore lawyers team up to challenge Prop 8

A day after the California Supreme Court upheld the state's voter-approved ban on gay marriage, two prominent attorneys announced they're teaming up to challenge it in federal court. KPCC's Brian Watt says the lawyers are better known as legal adversaries.

Brian Watt: Ted Olson and David Boies argued on opposite sides of the Bush v. Gore case that determined the winner of the 2000 presidential election. David Boies hasn't forgotten.

David Boies: Being up here on a platform with Ted Olson and all these lights makes me want to urge everyone to count every vote. (laughter)

Watt: They've filed a lawsuit in federal district court on behalf of two same-sex couples that want to marry – and they sought an injunction to block enforcement of Proposition 8 until the case is decided.

The suit claims that Prop 8 violates the equal protection clause of the Constitution's Fourteenth Amendment and discriminates on the basis of gender and sexual orientation. Ted Olson said California's "domestic partnership" option fails to provide the same benefits and protections as marriage.

Ted Olson: That is separate, and that is not equal. It is unconstitutional.

Watt: An attorney for the supporters of Prop 8 says the suit has very little prospect of success. Many gay marriage advocates say it's too early for a federal lawsuit.