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Created on: May 28, 2009
Taking the issue before the United States Supreme Court, lawyers Ted Olson and David Boies think America should legalize same-sex marriages across all fifty states ... and they think they can win.
"This new federal lawsuit, brought by a pair of prominent but socially liberal lawyers, has very little chance of succeeding," says Andrew Pugno, one of the lawyers who helped get California's Supreme Court to uphold Proposition 8. He also says this case is an attack on the will of the voters.
But Ted Olson should be on stable ground when it comes to attacking the will of the electorate. After all, he is the man who - nine years ago - convinced the high court that George W. Bush was the 43rd President of the United States. He says, "We think we know what we're doing."
Bitter facetious jabs aside, there are times when the will of the voters must be not only attacked, but stabbed viciously with jagged-edged things until it howls no more. Remember, the majority of the voters once supported things like Segregation and white-males-only at the voting booth... They were wrong, and so are the people today who cry out that same-sex marriage will degrade the "family."
Listen, I don't necessarily believe that all humans are created equal in every way. But I do believe that very concept is the law of our land, the shining central principle to America's revolutionary agenda. You grant a legal right to some humans, and deny it to others, and you are violating the spirit of America. Do you like raping your country? Do you?
What is marriage?
It's a legal contract. Yes, it's also a spiritual joining of souls in the eyes of God, and the happiest day of your life, and the first step on the short road to being a divorcee. But none of those things are contained in marriage's legal definition. Especially that part about God, because God's not allowed to write legislation in America.
This handy legal contract covers two people who share a dwelling space, share expenses, pool income, and reap a few piddling tax benefits from the arrangement.
Going round to see the justice of the peace and getting yourself a marriage license is not terribly different from opening up a business. You let gay people do that. I know you do - I've been to hair salons.
If all you good little Christians don't want to recognize same-sex couples' right to marry, you don't have to ... within your churches and in your own thoughts. That's your right. And, hey, I understand. Your religion forbids homosexuality. And Americans are protected from religious persecution, aren't they? But it's a two-way street, my friends. You have to respect the rest of us in order for us to respect you. And my religion forbids hate and ignorance, so maybe my religion refuses to recognize your marriage. But neither of us has any right to deny anyone the legal recognition.
Learn more about this author, Gordon Ashley.
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