The political world and blogosphere are abuzz because of Ted Olsen’s and David Boies’ Wall Street Journal Op-Ed in which they lay out, in the simplest and clearest terms possible, the reasons behind the constitutionality of same-sex marriage.
The piece is effective and to-the-point, and clearly explains away the problems people have with gay marriage. It is a powerful first step in overturning the abomination the state of California passed back in November.
There are those who sincerely believe that homosexuality is inconsistent with their religion — and the First Amendment guarantees their freedom of belief. However, the same First Amendment, as well as the Due Process and Equal Protection clauses, preclude the enshrinement of their religious-based disapproval in state law.
The argument in favor of Proposition 8 ultimately comes down to no more than the tautological assertion that a marriage is between a man and a woman. But a slogan is not a substitute for constitutional analysis. Law is about justice, not bumper stickers.
Above, Olsen and Boies announce their legal challenge back in May with the American Foundation for Equal Rights. Photo courtesy of Flickr user AmericanFoundationforEqualRights.
