How many times do Californians need to go to the polls, vote in favor of banning same sex marriage, before proponents get the message that it’s the will of the people – not the whim of the court – that rules in this country?

Perhaps never.

Yesterday the California Supreme Court rightly upheld Proposition 8 banning such “marriages” which the people have voted for twice. However now lawyers/proponents of same-sex marriage are taking it to federal court.

“Two prominent attorneys who argued on opposite sides of Bush vs. Gore, the legal battle over the 2000 presidential election, announced Tuesday that they will challenge Proposition 8 in federal court and seek to restore gay marriage until the case is decided.

Former U.S. Solicitor General Theodore B. Olson and David Boies, who represented then-Vice President Al Gore in the contested election, have joined forces to tackle the same-sex marriage issue, which has deeply divided Californians and left 18,000 gay couples married last year in legal isolation.

In a project of the American Foundation for Equal Rights, Olson and Boies have united to represent two same-sex couples filing suit after being denied marriage licenses because of Proposition 8.

Their suit, to be filed in U.S. District Court in California, calls for an injunction against the proposition, allowing immediate reinstatement of marriage rights for same-sex couples.

The California Supreme Court ruled in May 2008 that state law prohibiting same-sex marriage was unconstitutional under the privacy, due process and equal protection guarantees of the California Constitution.

But in November, voters passed Proposition 8, which amended the state Constitution to restrict marriage to between a man and a woman. The high court upheld the voter initiative in a 6-1 ruling today, with Justice Carlos Moreno dissenting.

Legal scholars have observed that proponents of gay marriage have avoided taking the issue to federal court so far because of the dominance of conservative judges and justices on the federal bench after the eight-year tenure of President George W. Bush.

The U.S. Supreme Court has what usually results in a 5-4 majority against extending rights to gays by recognizing sexual orientation as a vulnerable class of citizens in need of protection.

And all but one of the 13 federal appeals circuits has a reliable conservative majority. Even the exception, the San Francisco-based U.S. 9th Circuit Court of Appeals, experienced a curtailing of its liberal orientation with Bush’s seven appointments.”

Wow, how about that for “media bias”? Nevertheless, this is exactly related to the awful pick of Sonia Sotomayer – who has the same “judges trump will of the people” belief system.

However, Olsen and Boies will have absolutely no chance at reversing a 6-1 decision, and the exact crafting of Proposition 8 makes it nearly bullet proof against challenge. What should happen is that the people of California – the majority of which voted in favor of Prop 8 – should file suit against those who are trying to overturn their will in court, citing violation of constitutional rights to vote and make their will known.

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