“I want to be able to call him my husband,” Zarrillo said.
“I want to be able to say we’re married. I want to be able to say we have a wedding anniversary. I want all of those things alongside of the other legal benefits that come along with getting married.”
The foundation, which is funding the legal challenge to the state law, has assembled a star legal team from both ends of the political spectrum.
Attorneys David Boies and former U.S. Solicitor Gen. Thoedore Olson have joined forces to argue against Proposition 8.
The attorneys previously argued against each other in a U.S. Supreme Court case to decide the outcome of the 2000 presidential election, with Boies representing Al Gore and Olson successfully representing George W. Bush.
Both sides of the legal fight expect the case to be appealed to the U.S. Supreme Court, which could make for a tougher sell for Proposition 8 opponents, said Doug NeJaime, an associate professor at Loyola Law School who is following the case.
It does not appear that the high court, given its current makeup, will favor their argument, he added, leading many observers to question the timing of the legal challenge, NeJaime said.
“I don’t think the chances at the Supreme Court are very good,” NeJaime said.
“This is not a case that mainstream gay rights organizations wanted to bring, and it’s for that exact reason that they don’t think they have five votes on the Supreme Court.”
Both sides expect to deliver closing arguments in the coming weeks before U.S. District Court Judge Vaughn R. Walker issues a ruling on the case.