Proposition H8

Here are some choice quotes from Ted Olson’s opening statement in the Prop. 8 trial currently undergoing in California, a trial that could see that despicable (and illegal) constitutional amendment struck down.  An appeal is a guarantee regardless of the outcome.

Here’s the full text of the statement.

Ted Olson:

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.”

In May of 2008, the California Supreme Court concluded that under this State’s Constitution, the right to marry a person of one’s choice extended to all individuals, regardless of sexual orientation, and was available equally to same-sex and opposite-sex couples.

But Proposition 8 singled out gay men and lesbians as a class, swept away their right to marry, pronounced them unequal, and declared their relationships inferior and less-deserving of respect and dignity.

In the words of the California Supreme Court, eliminating the right of individuals to marry a same-sex partner relegated those individuals to “second class” citizenship, and told them, their families and their neighbors that their love and desire for a sanctioned marital partnership was not worthy of recognition.

While marriage has been a revered and important institution throughout the history of this country and this State, it has also evolved to shed irrational, unwarranted, and discriminatory restrictions and limitations that reflected the biases, prejudices or stereotypes of the past.  Marriage laws that disadvantaged women or people of disfavored race or ethnicity have been eliminated.  These changes have come from legislatures and the courts.  Far from harming the institution of marriage, the elimination of discriminatory restrictions on marriage has strengthened the institution, its vitality, and its importance in American society today.

Proposition 8 had a simple, straightforward, and devastating purpose:  to withdraw from gay and lesbian people like the Plaintiffs their previously recognized constitutional right to marry.  The official title of the ballot measure said it all: “Eliminates Right of Same-Sex Couples to Marry.”

Proposition 8 singles out gay and lesbian individuals alone for exclusion from the institution of marriage.  In California, even convicted murderers and child abusers enjoy the freedom to marry.  As the evidence clearly establishes, this discrimination has been placed in California’s Constitution even though its victims are, and always have been, fully contributing members of our society.   And it excludes gay men and lesbians from the institution of marriage even though the characteristic for which they are targeted—their sexual orientation—like race, sex, and ethnicity, is a fundamental aspect of their identity that they did not choose for themselves and, as the California Supreme Court has found, is highly resistant to change.

If such powerful and undisputable arguments don’t convince the judge to rule in our favor, nothing ever will.