Wednesday, January 13, 2010
We Hold These Truths
Ed Brayton has pointed out a wonderful editorial by Theodore Olson, conservative heavyweight and lead counsel, along with David Boies, in the trial in Federal District court seeking to overturn California's Proposition 8 denial of gay marriage. Olson demolishes the "arguments" against gay marriage invoked like mantras by the intolerant Right and makes a conservative argument in favor of it. But here is the real heart of the matter:
We once tolerated laws throughout this nation that prohibited marriage between persons of different races. California's Supreme Court was the first to find that discrimination unconstitutional. The U.S. Supreme Court unanimously agreed 20 years later, in 1967, in a case called Loving v. Virginia. It seems inconceivable today that only 40 years ago there were places in this country where a black woman could not legally marry a white man. And it was only 50 years ago that 17 states mandated segregated public education -- until the Supreme Court unanimously struck down that practice in Brown v. Board of Education. Most Americans are proud of these decisions and the fact that the discriminatory state laws that spawned them have been discredited. I am convinced that Americans will be equally proud when we no longer discriminate against gays and lesbians and welcome them into our society.
Reactions to our lawsuit have reinforced for me these essential truths. I have certainly heard anger, resentment, and hostility, and words like "betrayal" and other pointedly graphic criticism. But mostly I have been overwhelmed by expressions of gratitude and good will from persons in all walks of life, including, I might add, from many conservatives and libertarians whose names might surprise. I have been particularly moved by many personal renditions of how lonely and personally destructive it is to be treated as an outcast and how meaningful it will be to be respected by our laws and civil institutions as an American, entitled to equality and dignity. I have no doubt that we are on the right side of this battle, the right side of the law, and the right side of history.