Robin Tyler and
Diane Olson, the first plaintiff couple named in the
historic lawsuit that overturned California's ban on gay
marriage and the first same-sex couple married in Los
Angeles County in June, wasted no time filing a new
lawsuit with California’s supreme court Wednesday
morning. In announcing their legal action, the couple also
said the No on 8 campaign -- specifically Los
Angeles–based efforts -- dropped the ball
in helping to defeat the measure.
Robin Tyler and
Diane Olson, the first plaintiff couple named in the
historic lawsuit that overturned California's ban on gay
marriage and the first same-sex couple married in Los
Angeles County in June, wasted no time filing a new
lawsuit with California’s supreme court Wednesday
morning.
Though the fate
of Prop. 8 -- which would constitutionally ban same-sex
marriage in the state of California -- remained uncertain,
with 3 million provisional and absentee ballots still
uncounted, Yes on 8 claimed victory Wednesday
morning. Tyler, Olson, and their Hollywood power
attorney Gloria Allred announced at a press conference at
Allred’s Wilshire Boulevard office that
afternoon that they would file a new lawsuit
challenging Prop. 8’s constitutionality.
Despite
widespread finger-pointing blaming Prop 8.’s passage
on the high turnout of black voters and the financial
backing of the Mormon Church, the couple said that the
No on 8 campaign -- specifically Los
Angeles–based efforts -- dropped the ball,
helping the measure to pass.
"A few weeks ago
I said, 'If we won it would be despite No on 8, and if
we lost it would be because of No on 8,” Tyler said,
accusing the campaign of utilizing "checkbook"
politics that replaced unified grassroots organizing.
She said the campaign kept the faces of gay
marriage out of its ads.
While Tyler and
Olson had geared up for another public, political battle
in the courts even before Election Day came and went, the
effect of Prop. 8's showing at the polls was
etched on their faces as they spoke.
“The fact
that some people would like to undo our ‘I do’
makes me very sad,” Olson said.
Tyler emphasized
that LGBT people need to frame the marriage issue as the
civil rights issue that it is, calling Prop. 8
unconstitutional for violating California’s
equal protection clause.
“This is a
civil rights issue,” Tyler said. “It is not
about a lifestyle, it is about our lives.”
Faced with the
question of whether domestic partnerships that afforded
the same benefits as marriage without the word
marriage would suffice, Tyler said, “Separate
is never equal.”
“We’re not going to drink from the separate
water fountain of marriage,” Tyler said.
Allred spoke out
about the terminology of civil unions and domestic
partnerships versus marriage.
“Marriage
is a fundamental right. The m word means
something special,” she said, adding that it's
because marriage is unique that opponents want to keep
it all to themselves.
As the suit makes
its way through the California supreme court, Tyler and
Olsen will continue their struggle for marriage equality.
Tyler told reporters that they would not take Prop.
8’s passage lightly and that they were not
going away.
“I love
Robin,” Olson said. “We just want our equal
rights.” (Tracy Gilchrist, The Advocate)
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