Wednesday, August 19, 2009

Conservative solicitor from Bush administration will argue for gay marriage


The New York Times led off today with a front page story by Jo Becker, “The Road to championing same-sex marriage: latest role for Olson, so obvious to him, surprised many,” link here. . The online title is “A conservative’s road to same-sex marriage advocacy” which reminds me of the title of my 1994 Quill essay “A Conservative’s Approach to Individual Rights and Responsibilities.”

The attorney is Theodore B. Olson, known for Bush v. Gore in 2000. A challenge to California’s Proposition 8 is taken as the most important case of his career. According to the article, his approach is analytic and based on equal protection. It divides people into classes (one of which comprises those same-sex couples who married before Nov. 4, and another same-sex couples who want to marry, and another opposite sex couples). It also appeals to Lawrence v Texas, apparently acknowledging Scalia’s dissenting comments that the reasoning of the opinion could lead to forced recognition of gay marriage. It overrides the 1970 Supreme Court refusal to take cert on a marriage case, and also looks at the 1996 Romer v. Evans case on Colorado Amendment 2.

Here is Log Cabin Republicans 's "Case for Marriage Equality", link.

I think that the Phillip Longman crowd (previous post) could be brought on board with gay marriage on the idea of equal responsibility for sharing intergenerational risks.

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