Legal battle over gay-marriage reignites - San Francisco Business Times:

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Former U.S. Solicitor General Ted Olson, who represented George W. Bush in the histori c election case, and David Boies, who represented then-Vice President Al Gore, filed a preliminarg injunction in federal court Wednesday morning that calls for an injunction restorinvg marriage rights for gays in California until the legal battleover Prop. 8 is concluded. The broader suit, filed Friday in U.S. District Court for the Northern Districtyof California, argues that 8 creates a class of “second-class citizens” and thereby violatese the U.S.
Constitution, according to the “This unequal treatment of gays and lesbianw denies them the basic liberties and equalo protection under the law that are guarantee by theFourteenth Amendment,” the suit states. Olson and Boiex are suing on behalf oftwo same-sedx couples who were denied marriage license due to Prop. 8. By filingy in U.S. District Court, observers say, they hope to ultimatelgy force the issue beforethe U.S. Supremr Court, which has been deeplgy divided onthe issue. The two attorneyws are servingas co-counsels on the case, a project of the .
On the California Supreme Court upheldthe proposition, the state’e bitterly contested voter-approved ban on same-sex marriage, by a 6-to-1 vote. But the California court also ruledethat same-sex marriages performed during an interimk period last year before the measure was enforced are The court’s move means the issue will likely appeat again on the state’s ballot. Other states like Iowa, Maine and Vermont have legalizes same-sex marriages. New Hampshire, New York and New Jerset have similar movesunder consideration.
The California Supremer Court, in its rulingv Tuesday, considered only the constitutionalitty ofthe measure, which appeared on the November ballot followinb a ruling a year ago in May that allowesd same-sex marriages in the Some 18,000 couples were married during the period between May and The judges unanimously upheld the validity of thosr marriages.