Conservative Ted Olson Has Become A Leading Voices For Equality

Perhaps I'm a tad biased because I always liked Barbara Olson, Ted Olson's late wife who die in the 9/11 attacks - she was on the plane that struck the Pentagon - despite some of her political views. But given Ted Olson's role in Perry v. Schwarzenegger and his outspokenness that the Constitution requires equal protection for ALL citizen's I find the man remarkable in his own right. He has shown the lie of the argument that conservatives should not support full legal equality for LGBT citizens and marriage equality in particular. Personally as an attorney who has read the case law, I believe Olson is 100% on target. As Olson has eloquently argued, the Constitution protects ALL citizens - not just those favored by a majority or those disliked by a vocal minority. And as for religious belief, it has no place in the application of rights guaranteed by the U.S. Constitution whatsoever. Chris Geidner has a piece at MetroWeekly that looks at Olson's stellar work for marriage equality. Here are some highlights from the article:
*
Calling it a matter of ''human dignity,'' lawyer Ted Olson addressed the board and other supporters of the Human Rights Campaign on Saturday, March 5, to discuss the challenge to Proposition 8 that he, along with David Boies, has been leading for nearly the past two years.
*
The famed conservative lawyer who served as George W. Bush's lawyer in Bush v. Gore, told the crowd at the Omni Shoreham Hotel in Woodley Park, ''We can't conquer discrimination in this country except if we're capable of dismantling things like Proposition 8 in California.''
*
Saying that he expects the U.S. Supreme Court to agree with his arguments that Proposition 8 is unconstitutional, Olson noted that the question of standing – whether there is an appropriate party appealing the case – may keep the Perry v. Schwarzenegger case from going forward. That won't stop him or AFER. ''If that doesn't happen in this case,'' he said, ''then the American Foundation for Equal Rights is prepared to do what it takes to bring a case in other jurisdictions that will go all the way to the Supreme Court.''
*
On whether the March 4 action taken by Boehner toward beginning a House attempt to defend DOMA is a good thing, Olson said, ''I don't know. … It'll be interesting to see whether they have legal standing to do it. That's another tough question.'' The question of what action the lawmakers will be able to take – whether they will be able to intervene as a party to various DOMA challenges or be limited to filing briefs as an amicus curiae, or friend of the court – is not completely clear.
*
Providing a stark contrast to Boehner's view that ''the Obama Administration has opened [a] divisive issue'' by refusing to defend Section 3 of DOMA in court, Olson argued on Saturday that, of the fight for marriage equality, ''It is a conservative value.'' Speaking about the Newsweek cover story that he wrote in January 2010 on the issue, he added, ''But I wanted to make the point that it isn't a conservative case for gay marriage, it isn't a liberal case for gay marriage, it's an American case.'' He told the crowd, ''I wanted to help open eyes.''
*
[H]is response is: ''That's fine, and that's your religion … But your church or your religion can't put its principles into the constitution of California. That's a violation of the First Amendment. So, what do you say after that?''
*
Olson says he is certain that his arguments – the arguments for marriage equality – are the correct ones. He adds, though, ''[O]ur job is not just to win this case in court. Our job is to win this case in court and in the arena of public opinion. We want to convince the people of America.''
*
Of the public case being made for marriage equality, Olson pointed to the rapid movement over the past two years in public opinion polls. He also pointed out the two people who received HRC's Ally for Equality Award: Iowa resident Zach Wahls, who was ''raised by two women'' and spoke out against efforts to end marriage equality in Iowa, and Craig Stowell, who published a full-page ad in New Hampshire's Union Leader that contained a letter supporting his gay brother Calvin's right to marry.
*
In a closing argument of sorts, he said, ''If people will listen to us, they will be persuaded. If they will hear what we have to say, they will start to believe. They will support the right of individuals in our society to have rights to marriage, irrespective of their sexual orientation.