By Mary Kate Cary, Thomas Jefferson Street blog
From Ted Olson's opening argument in the Proposition 8 trial, Perry v. Schwarzenegger, being argued in the U.S. District Court for the Northern District of California this week. Olson is one of the most respected conservative lawyers in America, and he makes a great case for equal rights for all Americans under the law:
This case is about marriage and equality. Plaintiffs are being denied both the right to marry, and the right to equality under the law.
The Supreme Court of the United States has repeatedly described the right to marriage as "one of the vital personal rights essential to the orderly pursuit of happiness by free men;" a "basic civil right;" a component of the constitutional rights to liberty, privacy, association, and intimate choice; an expression of emotional support and public commitment; the exercise of spiritual unity; and a fulfillment of one's self.
In short, in the words of the highest court in the land, marriage is "the most important relation in life," and "of fundamental importance for all individuals."
As the witnesses in this case will elaborate, marriage is central to life in America. It promotes mental, physical and emotional health and the economic strength and stability of those who enter into a marital union. It is the building block of family, neighborhood and community. The California Supreme Court has declared that the right to marry is of "central importance to an individual's opportunity to live a happy, meaningful, and satisfying life as a full member of society."
Proposition 8 ended the dream of marriage, the most important relation in life, for the plaintiffs and hundreds of thousands of Californians ...
There is no rational justification for this unique pattern of discrimination. Proposition 8, and the irrational pattern of California's regulation of marriage which it promulgates, advances no legitimate state interest. All it does is label gay and lesbian persons as different, inferior, unequal, and disfavored. And it brands their relationships as not the same, and less-approved than those enjoyed by opposite sex couples. It stigmatizes gays and lesbians, classifies them as outcasts, and causes needless pain, isolation and humiliation.
It is unconstitutional.