Prop. 8 Case Attorneys: Make 'Em Pay

By Advocate.com Editors

Originally published on Advocate.com August 19 2010 3:20 PM ET

Attorneys representing two California gay
couples in the federal Proposition 8 case may seek to recoup mounting legal
fees from their opponents if an appeals court upholds U.S. district judge Vaughn Walker's landmark decision.

In court filings this week, the attorneys requested extended time to consider fees and court costs but have also asked Prop. 8 supporters for an expedited response in the matter — which they opposed in a Wednesday filing.

"Plaintiffs seek to drastically shorten [our] time to respond to that motion so that they have more time to prepare an application for attorney’s fees in the event this Court does not grant their motion to enlarge time," Alliance Defense Fund attorney Brian Raum wrote. "Such a burden shift is unwarranted."

The legal team led by Ted Olson and David Boies has not disclosed how much the litigation has cost, though the organization charged with funding the suit, the American Foundation for Equal Rights, has in recent weeks reached out to the public for donations as the case proceeds to the U.S. court of appeals for the ninth circuit.

Oral arguments are scheduled for the week of December 6.