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David Boies, Al Gore's Recount Lawyer, Slams Obama On Gay Marriage

First Posted: 03/19/10 06:12 AM ET Updated: 05/25/11 04:15 PM ET

Boies

Lawyer David Boies, perhaps best known for his work on behalf of Al Gore during the 2000 presidential recount battle, sharply criticized Presdident Barack Obama for his stance on gay marriage in an interview in The New York Times on Sunday.

Boies has teamed up with Ted Olson, his arch-rival in the Bush v. Gore case, in the fight to challenge California's Proposition 8, a ballot initiative passed in Nov. 2008 that denied gay couples the right to marry.

In an interview, New York Times columnist Maureen Dowd asked Boies said if he was disappointed with President Obama's stance that marriage should only be between a man and a woman:

"Damned right," Boies told Dowd. "I hope my Democratic president will catch up to my conservative Republican co-counsel."

President Obama has said he supports civil unions and opposes a constitutional ban on same-sex marriage. During the presidential campaign, Obama came out against Prop. 8 while his Republican opponent, Sen. John McCain, supported the initiative.

Gay and lesbian advocacy groups have taken Obama to task during the first year of his presidency for not moving swiftly enough on gay rights issues, and have recently been pushing the White House to repeal "Don't Ask Don't Tell."

More from Dowd's column:

As the sun set on the Bay Bridge behind him and the curtain dropped on the first week of the dramatic trial to challenge the constitutionality of the state's ban on same-sex marriage, Olson reviewed the case: "We're going to explain why allowing same-sex couples to have that same right that the rest of us have is not going to hurt heterosexual marriages. It has no point at all except some people don't want to recognize gays and lesbians as normal, as human beings."


Boies, wearing a flag pin on his lapel, said that the state of California is engaged in "gay bashing." He spoke intensely about the gay and lesbian plaintiffs, who offered poignant testimony about their loving relationships and about wanting to be liked and accepted: "These people are people you would want your child to grow up and marry. You can be a child molester and get married. You can be a wife beater and get married. You can be a child-support scofflaw and get married. The importance of that emotional relationship is so vital to the pursuit of happiness that even prison felons, who aren't really procreating, have a right to get married."

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06:51 PM on 02/10/2010
I've just realized that Al Gore is nowhere to be seen. Could there be any truth in the rumor that he's hibernating due to the impact of global cooling?
The IPCC should investigate immediately......
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HUFFPOST PUNDIT
Rooster Coburn
Less Gov't + More Responsibility = A Better World
09:37 PM on 01/25/2010
Why don't gay men just marry lesbian women? They obviously would have quite a bit in common, and they could work together on gradually building a heterosexual relationship with each other.
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HUFFPOST SUPER USER
jcwtts1
Elections have consequences
01:35 AM on 01/20/2010
Worst case scenario for LGBT, Coakley loss. Prediction. This loss removes all will to tackle DADT and DOMA in the congress during the this year. This loss, instead of being a clarion call to be more liberal shifts the entire party to the right. On every issue. This loss forces the people who were trying to help the LGBT community achieve the first steps in the quest for civil rights are so panicked they will lose in 2010 that only the true believers like Pat Murphy, who is going to lose unless the LGBT community gives him double or triple the amount of money his opponent raises. People like Harold Ford who, after the awful week that just happened, are now resuscitated and are going to halt their push towards a progressive agenda. Let's see how it plays out, but I think this loss up in MA is a disaster for the LGBT cause. Especially since there doesn't seem to be any chance for the war spending bill with a DADT repeal in it to pass the senate now.

J
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gumbo1049
polytechnician
03:02 PM on 01/19/2010
This is all bull crap. All Obama needs to do is keep his word and do what we elected him to do. But so far no B@lls.
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HUFFPOST SUPER USER
sprtakis69
Shouldn't all people be entitled to Equal rights?
04:51 PM on 01/19/2010
Way to miss a point!

"During the presidential campaign, Obama came out against Prop. 8 while his Republican opponent, Sen. John McCain, supported the initiative."
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antaeus
Full-Cream Marriage Now
08:33 PM on 01/19/2010
And during the summer most of us thought he was for health care, but then Professor Obama took a sabbatical and spent his time swanning around Europe chasing Olympic games or looking cool for the Nobel committee--anything but mount the bully pulpit and take control of the public message on health care.
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12:20 PM on 01/19/2010
David Boys.
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brahdog
hello walls
05:53 AM on 01/20/2010
clever
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antaeus
Full-Cream Marriage Now
12:16 PM on 01/19/2010
The president saw himself to be in a tough political spot. Getting out in front of same-sex marriage would have put him in a jam regarding health care, so the thinking goes. In order to focus on that priority, he needed to strike a middle course, even reaching out to reactionaries like Rick Warren.

Well, thank goodness the president took the shrewd approach! I can't imagine how health care would look now if he had actually been consistent with his 1996 position on marriage. Genius.
11:58 AM on 01/19/2010
"MENDACITY", he said, and we thought we heard audacity...'shame on us.
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11:10 AM on 01/19/2010
Boies comment is telling. He has represented the DNC for many years.

If he's disgusted, many Dems are too!
HUFFPOST COMMUNITY MODERATOR
nana4g
09:42 AM on 01/19/2010
The issue of gay rights is a legal matter for the Courts, not for a President of the USA. There are laws already in existence for Civil Rights, that need to be applied in this case and no one is better suited to argue for application of these laws and enforcement of them than you are.

Therefore, Mr Boise and Mr Olsen, you had better look to yourselves and get this done.
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Tribal Knowledge
Be bold and mighty forces will come to your aid!
10:30 AM on 01/19/2010
Right,

But that's not what he was saying - and thanks for the apology for Obama.

The counselor was pointing out that Obama is allowing every gay issue to twist in the wind (as Rahm says, "the left do not count" - they have nowhere to go), and he has that right, as you point out.
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TheBaffler
a long the riverrun
09:32 AM on 01/19/2010
Yeppers, the usual crowd of Obamabots and homophobes is here spouting their ignorance and hatred.
08:41 AM on 01/19/2010
The question should be what benefit does the state get out of gay marriage? NOT what harm does it do? When the state grants special rights and privileges it does so for ITS own benefits and reasons.. It is a two way street, not just what benefits one part of society for its exclusice benefit.

If the state CAN discriminate and take away young mens LIVES for its benefit alone, the DRAFT, then it sure can choose to not grant gay marriage and is NO denial of their "rights" Gay marriage is a libertarian cause, NOT a liberal one since it concentrates only on the benefit for individuals rather than some greater good of society.
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Tribal Knowledge
Be bold and mighty forces will come to your aid!
10:31 AM on 01/19/2010
There is no draft.

Have you been in a coma?
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10:45 AM on 01/19/2010
The US Constitution guarantees equal protection under the law for all. Excluding gay couples from that protection is an act of malice and nothing else.
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01:04 AM on 01/19/2010
What is wrong with Obama?
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Americanium
Hillary 2016
11:00 PM on 01/18/2010
There are many gays who voted for the GOP but secretly hoping the Democrats will do the heavy lifting to make their relationships legal under the law...

A lot of you are here whining about the President.!!
GlennInVenice
Venice; Where Art Meets Crime
11:51 PM on 01/18/2010
How many gays voted for the GOP?

How do you know what is going on in secret in the minds of gays?

Legitimate complaints about Presidential policy and performance only become whining when you do not like what you are hearing.

Try to post something with substance next time.
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Tribal Knowledge
Be bold and mighty forces will come to your aid!
10:33 AM on 01/19/2010
I know a lot of gay people, and I think, from what I know, that they are much more a cross section of humanity, crossing all lines of society, than perhaps you do. There are proportionally as many gay liberals as liberals - not more. And proportionally as many conservative gays as conservatives.

Gays are PEOPLE, not a voting block.
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brahdog
hello walls
05:55 AM on 01/20/2010
i think it's consistently about 25% from what i heard from exit polls
GlennInVenice
Venice; Where Art Meets Crime
08:57 PM on 01/18/2010
It wasn't long ago that the Federal Supreme court ended the so-called "sodomy laws" that made gay sex and many widely enjoyed heterosexual practices illegal in many states.

Sometimes the court surprises us and does the right thing regardless of red / bluish-red political divisions that are paralyzing the country.

Gay human-rights are clearly a political hot-potatoe that pragmatic politicians choose to dodge after they have addressed them in ways to manipulate the voting public to their advantage. The alternative of putting minority rights up to majority vote to address the subject is wrong in more ways than I can count.

Clearly these issues belong in the Federal Supreme Court to be decided by judges that are not subject to term limits and popular vote.

I am not confident of the outcome but personally I would prefer to live in a country where bigotry is codified in clear language that can be reviewed, criticized, objected to, analyzed, and judged than I would choose to continue to live in a netherworld where my rights change from month to month like the price of oil. I know others that would like to know when they can feel intellectually honest about saying the Pledge of Allegiance again.
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Americanium
Hillary 2016
08:25 PM on 01/18/2010
What if everyone was truly gay? how long would you give civilization to exist?
GlennInVenice
Venice; Where Art Meets Crime
08:34 PM on 01/18/2010
Currently the biggest threat to civilization as I see it is OVER POPULATION. So, forget your ridiculous, non-existent, hypothetical situation question and instead consider the real, existing, current problems facing down humanity. Heterosexual passion may ensure that we will see millions more teenage pregnancies, unwanted children, abortions, and a continued out of control population growth but what does that prove?
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Americanium
Hillary 2016
08:38 PM on 01/18/2010
You have not answered my question..
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09:44 PM on 01/18/2010
If everyone made comments as stupid as that, we would know civilization was over.