AFER lawyers Ted Olson and David Boies have joined a lawsuit challenging the constitutionality of Virginia's gay marriage ban.

The American Foundation for Equal Rights (AFER) announced Monday that it was joining the case that takes aim at Virginia's laws which prohibit the state from recognizing any relationship other than a heterosexual marriage.

Olson and Boies represented two gay couples who were denied a marriage license because of Proposition 8, California's 2008 voter-approved constitutional amendment limiting marriage to heterosexual couples. The case reached the Supreme Court, which in June ruled that defendants did not have legal standing in the case. A lower court order invalidated the amendment and the marriages of gay couples in California resumed.

Unlike California, where state officials refused to defend the amendment, Virginia is energetically defending its amendment, approved by voters in 2006.

Plaintiffs in the case, Bostic v. Raimey, include Timothy Bostic and Tony London, who have been together nearly 25 years, and Carol Schall and Mary Townley, who are raising a 15-year-old daughter and whose California marriage is not recognized by the state. (A video of the plaintiffs Bostic and London is embedded on this page. Visit our video library for more videos.)

Olson told The Washington Post that Virginia is an “attractive target” because its amendment rejects all forms of recognition.

“The more unfairly people are being treated, the more obvious it is that it's unconstitutional,” Olson told the paper.