Ted Olson (right) and David Boise, normally two attorneys on opposite sides of the courtrooom (who even argued against each other in Gore v. Bush in 2000) have taken up the task of arguing against Prop 8 in US Supreme Court (SCOTUS).  Their move is rather controversial, even among gay rights activists, as some beleive the movement isnt ready to take this issue of gay-marriage to the nations highest court; wanting to wait until more local and state victories before asking SCOTUS to rule.  Nevertheless, this dynamic duo of legal clout is marching forward.

In a recent NEWSWEEK article: The Conservative Case for Gay Marriage, Ted Olson writes why, as a staunch Conservative Republican, he supports legalizing gay-marriage.  It’s three pages long and worth the read.  Here is an excerpt:

Many of my fellow conservatives have an almost knee-jerk hostility toward gay marriage. This does not make sense, because same-sex unions promote the values conservatives prize. Marriage is one of the basic building blocks of our neighborhoods and our nation. At its best, it is a stable bond between two individuals who work to create a loving household and a social and economic partnership. We encourage couples to marry because the commitments they make to one another provide benefits not only to themselves but also to their families and communities. Marriage requires thinking beyond one’s own needs. It transforms two individuals into a union based on shared aspirations, and in doing so establishes a formal investment in the well-being of society. The fact that individuals who happen to be gay want to share in this vital social institution is evidence that conservative ideals enjoy widespread acceptance. Conservatives should celebrate this, rather than lament it.

Legalizing same-sex marriage would also be a recognition of basic American principles, and would represent the culmination of our nation’s commitment to equal rights. It is, some have said, the last major civil-rights milestone yet to be surpassed in our two-century struggle to attain the goals we set for this nation at its formation.

This bedrock American principle of equality is central to the political and legal convictions of Republicans, Democrats, liberals, and conservatives alike. The dream that became America began with the revolutionary concept expressed in the Declaration of Independence in words that are among the most noble and elegant ever written: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”

I beleive Ted Olson’s argument is excellent and well thought.  However, i can’t say its an argument that i haven’t already heard from pre-existing gay-marriage advocates.  As an openly gay young man, i find it comforting that these arguments exist in the face of ignorance and discrimination.  But i admit i am still concerned how ready SCOTUS is to hear on the constitutionality of gay-marriage.  SCOTUS is a conservative body by its nature, not necessarily because of who sits on the bench.  The court just doesn’t like to rock the boat, so to speak, on a regular basis.  It is true  SCOTUS has good history with judging on the side of equality, but we must remember that cases like Brown v. Board were decided not on their own but after a slew of smaller cases were faught and won by civil-rights activists.  It wasn’t a “break” from tradition as much as i believe some like to argue it is.  The court had good precedent to rule the way it did.  So we need to ensure that the precedent exists to allow SCOTUS to rule in favor of marriage equality and not be hindered by its own conservative nature.

Read the full NEWSWEEK article here

Tags: David Boise, Gay-Marriage, Prop 8, Ted Olson, US Supreme Court