Law and Public Policy

Proposition 8 and Same Sex Marriage in California: David Boies and Ted Olson at AIF 2010

February 8, 2012

This week’s decision by a three-judge panel of the 9th U.S. Circuit Court of Appeals that the ban on gay marriage in California — known as Proposition 8 — was unconstitutional marks a major milestone in the years-long effort by two unlikely collaborators, Ted Olson and David Boies. Boies and Olson represented Al Gore and George W. Bush respectively in the 2008 legal battle over the presidential election that culminated in the historic “Bush v. Gore” decision and sent Bush to the White House. Since the passage of Prop 8 and before, Boies and Olson have worked together to preserve the rights of gay people to marry. In summer 2010, returning to a stage they last shared when debating the aftermath of Bush v. Gore at the first ever Ideas Festival in 2005, David Boies and Ted Olson talk with legal scholar Jeffrey Rosen about the battle to protect the legal rights of gays to marry in California and across the country.

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