Monday, June 14, 2010

Ted Olson Continues to Shock Conservatives in Perry v. Schwarzenegger

Christianists and other self-congratulatory, homophobic conservatives continue to view Ted Olson's role in endeavoring the have Proposition 8 struck down as unconstitutional with shock and dismay. Of course, if they could separate their religious beliefs from the civil laws and accept the Constitution's ban on establishing one particular religious belief, the motivation for Olsen involvement would become easily visible. Would that there were more great conservative minds that could recognize the separation of religious beliefs from the civil laws and be willing to buck the demands of the delusional rabble of the Christian Right. The Washington Post has a story that looks again at Olsen's role in Perry v. Schwarzenegger and the shock and disbelief among the homo-hating Christo-fascists. Here are some highlights:
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[T]he gay law students settled in to hear from the famed legal mind who is leading the battle to make sure they have the right to marry whomever they want, wherever in the United States of America they live.
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But first, an introduction: The assembled were reminded of Theodore B. Olson's sterling conservative credentials; about his loyal service in President Ronald Reagan's Justice Department; that he was President George W. Bush's solicitor general; that perhaps the crowning achievement in his gaudy career as a Supreme Court advocate was persuading five justices to stop the vote counting in Florida in the 2000. . . .
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This fight, Olson told the law students gathered on a spring evening in the luxe D.C. offices of his firm, Gibson, Dunn and Cruthcher, "is the most compelling, emotionally moving, important case that I have been involved in in my entire life."
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Standing O. Another jury persuaded. Olson will try to repeat the performance Wednesday in a federal courthouse in San Francisco. He will present closing arguments in a potentially groundbreaking trial in which Olson and his political odd-couple partner David Boies -- his Democratic rival in Bush v. Gore -- are asking a federal judge to overturn Prop 8, with which California voters limited marriage to a man and a woman. The suit says that violates the U.S. Constitution's due process and equal protection clauses.
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He [Olson] describes the recognition of the right to marry as a natural progression of the court's precedents. Twelve times, "dating to 1888," the court has recognized marriage as a fundamental right, he said. Add to that the court's 1967 decision in Loving v. Virginia that state laws limiting marriage to people of the same race were unconstitutional.
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"Whenever minority rights are put to a popular vote, the minority loses," he said. California's situation is especially complex, because 18,000 same-sex couples married during the period when the state supreme court allowed it and voters amended the state constitution to forbid it.
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Olson, who has argued 56 cases before the Supreme Court, said it is "inevitable" that the court will decide the issue, and told the law students that the case he and Boies are preparing represents the best chance to win.

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