The Ninth Circuit U.S. Court of Appeals ruling striking down the Proposition 8 ban on same-sex marriage produced some obvious winners. The legal team of big-name attorneys for the plaintiffs — Theodore Olson, David Boies and Theodore Boutrous Jr. — delivered their victory speeches before TV cameras in both L.A. and San Francisco, proclaiming it a historic day for the country.
The ruling also produced some less obvious victors. It gives lawyers embroiled in another gay-rights battle — against the Defense of Marriage Act — a new tool in combating House Republicans. And the majority holding offers some vindication for the S.F. city attorney’s office, which intervened in Perry v. Brown to assert the narrow arguments adopted by the Ninth Circuit’s majority opinion. San Francisco, led by Chief Deputy City Attorney Therese Stewart, argued for a California-centered approach, saying Prop 8 singles out gays for unequal treatment by targeting a minority group and taking away its existing right.
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