George Bush’s lawyer in the case of Bush v. Gore, Ted Olson, seems an unlikely defender of homosexual marriage equality until you look below the surface. Many question his motives and worry he may, through litigation that the gay marriage supporters did not want to bring, sabotage the fight for marriage equality. Not so, according to Olson. This former Solicitor General for the Bush White House has loyalties to the rule of law more than party politics and that is what drives him to be a champion for gay marriage.
Ted Olson's legal arguments for same sex marriage.
Theodore B. Olson, one of the most respected lawyers in the country, has a conservative lineage that strikes anguish in the hearts of many liberals. But he states that his conservative values are consistent with his support of gay marriage. First, he states, in a Newsweek article dated January 10, 2010, marriage is a fundamental right and a core value of conservatives. Those who form an intimate relationship should do so in marriage. Further, the right to marry has been recognized by the U.S. Supreme Court as a fundamental right. See Loving v. Virginia 388 U.S. 1 (1967) (the case struck down Virginia’s law that prohibited interracial marriage).
Second, Olson, asserts that equality under the law is a conservative value. Conservatives should be opposed to government discrimination wherever it is found. This is so for affirmative action and gay marriage prohibitions. Olson states that his fellow conservatives have a “knee-jerk” reaction to same-sex marriage which does not make sense in the context of their positions on other issues. He cites the words of the Declaration of Independence: "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."
Equality coming up short
Because marriage is a fundamental right and the constitution recognizes equal protection of the laws to all of our citizens the issue of same-sex marriage is a federal one. The various state and federal benefits extended to gay and lesbian couples and the inconsistencies among the states provide something far short of equality. Olson states “The very idea of marriage is basic to recognition as equals in our society; any status short of that is inferior, unjust, and unconstitutional.”
Attorney Olson has taken on the case of California’s Proposition 8 which bans marriage between same sex couples. (New York Times, May 27, 2009). He wants it declared unconstitutional on behalf of his clients, gay and lesbian partners that desire to be married, and ultimately those similarly situated. The case could end up in the Supreme Court which is still right of center after the appointments to the Court by President Bush, the same president Attorney Olson helped into the white house. This is a fight that groups supporting same-sex marriage wanted to avoid at this time.
Wolf in Sheep's clothing?
Despite distrustful wariness by liberals Attorney Olson has championed the cause and the case. He beat back a motion to dismiss and now the case if scheduled for trial before a federal court on Monday, January 11, 2010. It will be shown on youtube.
Conservatives view him as disloyal and liberals view him as a wolf in sheep's clothing. Which is he? Based upon his love and allegiance to the rule of law, and his life consistently lived by same, the correct answer appears to be neither.
Richard Cleary - I am an attorney practicing law in Houlton, Maine. The majority of my cases are in the corporate, civil, real estate and family law ...
