Represented by prominent attorneys Ted Olson and David Boies, two same-sex couples filed a federal legal challenge to Proposition 8 in U.S. District Court for the Northern District of California on May 27, 2009. The ACLU, Lambda Legal and NCLR have asked the court to let its clients, Our Family Coalition, Lavender Seniors of the East Bay, and Parents, Families, and Friends of Lesbians and Gays (PFLAG) become parties to the lawsuit in order to illustrate for the court the full range of harms faced by the gay community.
Status: ACLU's motion to intervene was denied by the court. Federal District Court strikes down Proposition 8. A stay of the ruling was granted, pending appeal to the Ninth Circuit Court of Appeals. Oral argument was made before the Ninth Circuit. Awaiting certification of a question to the Supreme Court of California about defendant's standing in this case.