Attorney David Boies on Sunday asserted
that the Supreme Court last week declared all gay marriage bans
Boies co-argued the case against
California's Proposition 8.
Opponents of gay nuptials have said
that they found solace in the fact that the court narrowly decided
the Proposition 8 case.
“The court … did not create a right
out of thin air to redefine marriage throughout this country. What
it did do is rob the proponents of Proposition 8 after they had seen
utter lawlessness with Governor Brown and the attorney general
refusing to defend the law,” Brian Brown, president of the National
Organization for Marriage (NOM), a proponent of Proposition 8, said
Sunday on This Week.
Brian Brown vows to “roll back gay marriage” wherever it exists.)
But in a separate appearance on CNN's
State of the Union, Boies took even that sliver of hope away
“First, remember that the United
States Supreme Court found that the plaintiffs in this particular
case had standing to attack Proposition 8, but the people who were
supporting Proposition 8 did not have standing to appeal our victory
in the trial court,” Boies told host Candy Crowley. “So that
reinstates the trial court decision that says that all bans on gay
and lesbian marriage violate the equal protection and due process
clauses of the 14th Amendment.”
“Not just in California. That is a
ruling that says under the constitution, not just in California, but
under the constitution, which of course is a national constitution,
the 14th Amendment applies to all 50 states ...”
“But you know, David, a lot of people
thought that this was more about states' rights, allowing the states
to decide for themselves,” Crowley interrupted.
“If they were allowing the states to
decide for themselves, they would have allowed California to decide
for itself. California passed Proposition 8. So, what the court was
doing was invalidating California's choice, and that's exactly what
the courts are supposed to do under the 14th Amendment,”
the entire segment at CNN.)
In recent days, some supporters, Boies
among them, have said that marriage equality will blanket the nation
in 5 years.