Boies and Olson on Historical Proposition Eight Case

There is a temptation for me to dispassionately report on the briefing conducted by David Boies and Ted Olson Wednesday night at the New York Times Conference Room. With a standing room crowd, America's two brightest legal minds gave their first briefing on the historic case to overturn California's Proposition Eight. I have no desire to be in a reporting mood.

You see, in many ways, I have waited my entire life to hear the words that they shared with us. The evening was one where I experienced both chills and tears that at last we might have a case powerful enough to overturn centuries of discrimination. Now we all know that as Lawrence of Arabia said, "Nothing is written." There are a number of ways this case can proceed and the resolution is far from certain.

There, at the front of the room, two distinguished legal scholars from opposite ends of the political spectrum annunciated in clear and precise language arguments for the freedom of the LGBT community, giving participants at the briefing a close insider's look at the details of the case, the opposition, timetables and possible results. To watch this men powerfully articulate legal reasons for the oppression for LGBT to be lifted was a sight ( and sound...) to be remembered.

For near 35 years of organizing just as an open gay man, I have waited for 'our case' to go to the Supreme Court. This is without a doubt 'our case.' Boies and Olson made compelling arguments why we can win, why the law is on our side and the historical nature of this case. Their different law firms have put at the disposal of this case 30 to 40 lawyers. Not only is this 'our case' but we have the best legal representation that is possible in America. If we are disappointed by the outcome it will not be because we did not offer the best to be our spokesmen for justice.

When the American Foundation for Equal Rights first hired Olson and Boies, it was roundly criticized by most in the community for filing this case. A statement was signed by most of our national organizations urging them to stop the case and to plead with others to help stop it. Personally, when I enthusiastically endorsed the case, I got calls from leaders telling me how destructive this case was to the well being of the community and urging me to withdraw my support.

After listening to these two men last night, my early support for 'our case' might be the one of the proudest moments of my life. As I sat mesmerized with their intricate knowledge of the law, I knew that this will be a historic two years for our community with two champions of justice leading the way. Please, I urge others if they have any continued doubts to just give this case unity. Because of the Foundation's work and David Boies and Ted Olsen's passionate work all of us stand with more dignity and integrity. And closer to freedom.

You can catch them in this exclusive video from Towleroad.com.  Listen and share my excitement about their work.

They have my support, my respect and endless thanks.

Photograph Credit: Courtesy Sara Krulwich/The New York Times.

Ted Olson Quote From Proposition 8 Federal Court Case Today

"That is why we have courts, so that people who may not be the most popular, but are discriminated against by the color of their skin, told they can’t go to some schools. We wouldn’t need a constitution if we left anything to the political process. but that isn’t good for those who are new, or different, or disliked, or thought inferior, or less approved by the majority. This causes unrelenting PAIN. Worthy, loving, upstanding citizens are being hurt every single day, and that is why we are"

Ted Olson

        January 11th, 2010

Newsweek: Conscience of a Conservative

This appears to be the week where there are a number of 'must read' articles in publications. In a powerful story, Newsweek gives wide exposure to Ted Olson the life-long Republican attorney who has teamed with David Bois to overturn the passage of Proposition 8. With these type of articles in the mainstream press, it is increasingly apparent that this case, win or lose, will take on historical proportions.

In "The Conscience of a Conservative" by Eve Conant, Olson is described in riveting detail:

Ted Olson would seem the unlikeliest champion of gay marriage. Now 69 years old, he is one of the more prominent Republicans in Washington, and among the most formidable conservative lawyers in the country. As head of the Office of Legal Counsel under Ronald Reagan, he argued for ending racial preferences in schools and hiring, which he saw—and still sees—as a violation of the Constitution's guarantee of equal protection under the law. Years later, he advised Republicans in their efforts to impeach President Clinton. In 2000 he took the "Bush" side in Bush v. Gore, out-arguing his adversary (and friend) David Boies before the Supreme Court and ushering George W. Bush into the White House. As solicitor general under Bush, he defended the president's claims of expanded wartime powers. (Olson's wife at the time, Barbara, died on American Airlines Flight 77, which was crashed into the Pentagon on September 11, 2001.) Olson has won three quarters of the 56 cases he has argued before the high court. Feather quills commemorating each case, and signed thank-you photos from presidents, cover the walls of his Washington office.

There is no question that this is a case not to be used, abused or played with by our national organizations. We should let these incredibly powerful and eloquent lawyers make their case, present it properly to the public and keep our fingers crossed for their success. The article ends with:

"In fact, Olson is surprisingly emotional about the case, and his eyes mist up repeatedly when he talks about the hundreds of letters—positive and negative—that he's received. "We should be welcoming our gay colleagues and friends as equals," he says. Kristin Perry, one of the plaintiffs in the case, says that whenever Ted sees her and her partner, Sandy Stier, "he tells us, 'I think about you two every day. This is the reason I've taken this case.'" Some conservatives, still trying to figure out what happened to their old friend, have asked him when he decided he was for gay marriage. Olson seems puzzled by the question. "I don't know that I was ever against it."

Impressions...........by David Mixner

-Washington Post top columnist Sally Quinn had a tough and interesting column the other day. Quinn, one of Washington's leading social arbiters, has called for the immediate resignation of Desiree Rogers (photograph), who is the White House Social Secretary. Also in the column was the interesting news that Rahm Emanuel might be running for mayor of Chicago. My guess is there are a number of folks in DC that would happily start a 'Draft Rahm Movement!'

-Am a huge fan of the Olsen/Bois lawsuit against Proposition 8 in California. Deeply believe this has the possibility of being one of the historic turning points in LGBT history. There is a fantastic article in California Lawyer about the history and inside of this case. In "Challenging Prop 8: The Hidden Story," Chuleenan Svetvilas does a commendable job of capturing the background story and drama surrounding this case.

-The Congressional Budget Office says that extending same sex benefits to federal employees could cost near $900 million. Wonder if they did a similar analysis before extending them to married couples? It appears to place a dollar value on our rights.

-In case you live outside New York and haven't seen the New York Magazine Article on Larry Kramer, you can catch it here. "4,000 Pages and Counting" by Jesse Green is just terrific about an amazing man. Larry has written a new opus, "The American People" that has George Washington having sex with Alexander Hamilton. (hmmm...with or without wooden teeth?). I can't wait to read it or for that matter, anything written by Kramer.

-Tough times in Kenya continue and have affected a beloved friend of mine. African wildlife and environmentalist pioneer Kuki Gallmann was assaulted in her home by poachers, leaving her left hand disabled. The poachers have been killing elephants everywhere in an area already affected by drought, arson and now floods. Keep up with one of the world's bravest women at http://www.gallmannkenya.net

-What I loved about Mayor Annise Parker's recent swearing-in was that she took time in her speech to deliver a special and powerful message to the LGBT community. So many others have shied away from such a gesture. Houston has a real class act for mayor.

-Although Amanda Simpson rather not be the 'first', all of us in the LGBT community are extremely proud of the first Transgender ever to be appointed to serve in the federal government. Obama deserves praise for appointing this very talented women. By the way to the folks at The Late Show with David Letterman: not funny, not funny at all.

-The man who coined the term 'blogosphere' passed away at the extremely young age of 41. Brad
Graham (photograph) wrote one of the first blogs called "Bradland" and was the inspiration six years ago for Andy Towle of Towleroad.com. Even those of us who didn't know him realize that most bloggers stand on his shoulders for his pioneering work!

-Now, this shouldn't shock anyone since it has become so commonplace. Obama's Organizing for America sent out to its members a poll asking them to pick from a list their most important issue. Absent from the list totally was LGBT rights, civil rights and human rights. Don't they get it yet? David Plouffee knows better.

-If the Grammys had any guts they would invite Adam Lambert to perform. Give this guy a break. Enough of this 'black list' crap.

-In his "The Week" column, Bob Shrum says maybe Obama should institute a new rule of no one named "Janet" is allowed in the cabinet! If Jane Harman replaced Janet Napolitano, at least all we would have to do is remove the letter "t' on the door!

-Not a good week for Democrats. While Senator Christopher Dodd not seeking re-election increases our chances in Connecticut, Senator Byron Dorgan's seat is most likely to turn to a Republican in North Dakota. Other Democratic incumbents who could be in trouble include Senator Harry Reid of Nevada, Senator Arlen Specter of Pennsylvania, Senator Michael Bennet of Colorado and Senator Blanche Lincoln of Arkansas.

-Increasingly there is talk of General David Petraeus running for the Republican nomination for President in 2012.

-In a Zogby Poll, 47% of Americans say they are worse off financially than they were a year ago. Yikes.

-And finally from "Lemonwade.com" comes this scary picture. Extreme artist Eskil Ronningsbakken stands on a stack of chairs at the edge of the cliff!

Impressions .........by David Mixner

-Where in the world was Rahm Emanuel? Seems as everyone crowded into Washington right up to Christmas Eve for the healthcare showdown, the White House Chief of Staff decided to take a long holiday vacation in the middle of the Senate debate. Last sighting had him in India. Wasn't his strength supposed to be overseeing just these types of Congressional battles?

-The New Year gets off to a good start with perhaps the most historic trial ever for the LGBT community. There is no question that the names David Boies and Ted Olson will become icons in our history. Who wouldn't want a front row seat at the opening day? Just to see this unlikely pair fight together for our freedom will be an unforgettable moment.

-Not very good form for our President to be playing golf in Hawaii with a nation full of holiday travelers riveted to the Northwest Airlines Terror flight. Mr. President, acting like you are in command is as important as being in command. It took Obama three days to publicly respond to the incident, and although that is measurably better than George W. Bush's six days to respond to shoe-bomber Richard Reed, who wants to be measured against arguably the worst President in United States history?

-Here is another blow for those who preach for the sanctity of marriage: Karl Rove just ended his second marriage. And these people can lecture to us about marriage?

-Eight more Americans died in Afghanistan this holiday season. There is no question in my mind that this is just a sample of what we are in for next year. Here is hoping that Governor Dean or someone becomes the voice of peace in this horrible situation.

-No more suspense on super delegates in the Democratic Party? Chris Cillizza in "The Fix" reports that the Democratic Change Commission is going to recommend that the delegates must vote according to the people's wishes. Now there is a novel idea!

-Here is a cheery thought: Rasmussen Reports says that 79% of Americans expect a terrorist attack within the next year.

-Speaking of polls, Quinnipiac found that only 47% of Americans approval of Obama's policy in Afghanistan.

-Luxist.com reports that you can buy your kid a milk glass for $1,500. Seems as if the tumbler has rubies and diamonds touched by gold. Anyone who has the money to spend in this unconscionable this way should be sentenced to work with the poor one week a year. This has to get the Marie Antoinette Award for this year. Teach your kids greed early!

-Want a really good read that takes place in San Francisco? Be sure to pick up R.J. Spjut's "Persephone's Agent". Amazon even has it on Kindle now.

-If you believe the film critics, the three top contenders for the "Best Picture" Academy Award this year are "Avatar", "Hurt Locker" and "Up in the Air". If you haven't seen "Hurt Locker" it is a must see before the Oscars voting begins.

-I owe deep thanks to my team here on davidmixner.com. This site simply would not exist without their efforts and support. Rhys Gerholdt, Dennis Bailey and Jim Baker are not only helpful, they are extraordinary human beings. I thank them all so much for their invaluable contributions.