OLSON AND BOIES SHOULD DIVORCE THEMSELVES FROM THIS ISSUE
Former Bush administration Solicitor General Theodore Olson and attorney David Boies have filed suit in the California District Court to overturn Proposition 8, which was passed by voters last year and amends the state’s constitution to say that marriage is only between one man and one woman. Opponents recently lost a battle in the Supreme Court of California, which said that Prop. 8 was a valid amendment to the state’s constitution, but Olson alleges that it violates the due process and equal protection clauses of the 14th Amendment to the U.S. Constitution. “Creating a second class of citizens is discrimination plain and simple,” said Olson, a member of the conservative Federalist Society. “The Constitution of Thomas Jefferson, James Madison and Abraham Lincoln does not permit it. Proposition 8 denies people fundamental constitutional rights.”
It’s hard to believe that Jefferson, Madison or Lincoln would have seen it as Olson claims. Until this decade, marriage has been defined as being between one man and one woman. Keeping that definition doesn’t deny anyone any rights — no one is prohibited from marrying. But choosing a partner outside the confines of marriage and still calling it marriage is an abuse of the language and the institution itself. Yet by clamoring about the “right” to marry someone of the same sex, proponents of the new definition are slowly winning the battle.
26 June 09