Ted Olson and David Boies, who are challenging Prop 8 is federal court, filed a motion on Friday to keep a coalition of gay rights organizations out of the leadership of the case.
The groups, including Lambda Legal, had sought to “intervene” in the suit, meaning that they would be able to join the case essentially as co-plaintiffs. But Chad Griffin, the political consultant who is spearheading the federal lawsuit along with other Hollywood activists, worries that bringing other orgs on would complicate the case. And he has noted that the orgs originally opposed the filing of the federal suit but now want to join it.
This flap among the foes of Prop 8 has supporters of the ban on same-sex marriage crowing.
“Advocates for gay marriage are in complete disarray, not only on the political fence but on the legal fence as well,” Andrew Pugno, a lawyer for Proposition 8, tells the Los Angeles Times. “Our job would be much harder if they were all unified in their efforts.”
In other filings, Boies and Olson also are seeking a trial in December, after a short period of discovery. U.S. District Court Judge Vaughn Walker will hold a case management conference to consider the motions on Aug. 19.