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The federal trial over the unconstitutionality of Proposition 8 began yesterday with an opening statement by attorney Theodore Olson, who with David Boies is leading the legal team assembled by the American Foundation for Equal Rights to litigate the case Perry v. Schwarzenegger. Opening statements will be followed by testimony from Kris Perry, Sandy Stier, Paul Katami and Jeff Zarrillo, who comprise two couples who wish to be married but who were denied marriage licenses because of Proposition 8.
Below are some of Ted Olson's comments. You can click here to read the statement in its entirety.
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 âone of the vital personal rights essential to the orderly pursuit of happiness by free men;â a âbasic civil right;â 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 oneâs self.
In short, in the words of the highest court in the land, marriage is âthe most important relation in life,â and âof fundamental importance for all individuals.â
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 âcentral importance to an individualâs opportunity to live a happy, meaningful, and satisfying life as a full member of society.â
Proposition 8 ended the dream of marriage, the most important relation in life, for the plaintiffs and hundreds of thousands of Californians.
In May of 2008, the California Supreme Court concluded that under this Stateâs Constitution, the right to marry a person of oneâs choice extended to all individuals, regard regardless of sexual orientation, and was available equally to same-sex and opposite-sex couples.
In November of 2008, the voters of California responded to that decision with Proposition 8, amending the Stateâs Constitution and, on the basis of sexual orientation and sex, slammed the door to marriage to gay and lesbian citizens.
The plaintiffs are two loving couples, American citizens, entitled to equality and due process under our Constitution. They are in deeply committed, intimate, and longstanding relationships. They want to marry the person they love; to enter into that âmost important relation in lifeâ; to share their dreams with their partners; and to confer the many benefits of marriage on their families.
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 âsecond classâ citizenship, and told them, their families and their neighbors that their love and desire for a sanctioned marital partnership was not worthy of recognition.
During this trial, Plaintiffs and leading experts in the fields of history, psychology, economics and political science will prove three fundamental points:
First â" Marriage is vitally important in American society.
Second â" By denying gay men and lesbians the right to marry, Proposition 8 works a grievous harm on the plaintiffs and other gay men and lesbians throughout California, and adds yet another chapter to the long history of discrimination they have suffered.
Third â" Proposition 8 perpetrates this irreparable, immeasurable, discriminatory harm for no good reason.
To continue reading, click here.
Below are some of Ted Olson's comments. You can click here to read the statement in its entirety.
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 âone of the vital personal rights essential to the orderly pursuit of happiness by free men;â a âbasic civil right;â 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 oneâs self.
In short, in the words of the highest court in the land, marriage is âthe most important relation in life,â and âof fundamental importance for all individuals.â
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 âcentral importance to an individualâs opportunity to live a happy, meaningful, and satisfying life as a full member of society.â
Proposition 8 ended the dream of marriage, the most important relation in life, for the plaintiffs and hundreds of thousands of Californians.
In May of 2008, the California Supreme Court concluded that under this Stateâs Constitution, the right to marry a person of oneâs choice extended to all individuals, regard regardless of sexual orientation, and was available equally to same-sex and opposite-sex couples.
In November of 2008, the voters of California responded to that decision with Proposition 8, amending the Stateâs Constitution and, on the basis of sexual orientation and sex, slammed the door to marriage to gay and lesbian citizens.
The plaintiffs are two loving couples, American citizens, entitled to equality and due process under our Constitution. They are in deeply committed, intimate, and longstanding relationships. They want to marry the person they love; to enter into that âmost important relation in lifeâ; to share their dreams with their partners; and to confer the many benefits of marriage on their families.
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 âsecond classâ citizenship, and told them, their families and their neighbors that their love and desire for a sanctioned marital partnership was not worthy of recognition.
During this trial, Plaintiffs and leading experts in the fields of history, psychology, economics and political science will prove three fundamental points:
First â" Marriage is vitally important in American society.
Second â" By denying gay men and lesbians the right to marry, Proposition 8 works a grievous harm on the plaintiffs and other gay men and lesbians throughout California, and adds yet another chapter to the long history of discrimination they have suffered.
Third â" Proposition 8 perpetrates this irreparable, immeasurable, discriminatory harm for no good reason.
To continue reading, click here.
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As a candidate for the U.S. e U.S. Senate from Tennessee, Harold Ford Jr. advocated a constitutional amendment banning same-sex marriages. But as he eyes a run for the Senate from New York, he now advocates both civil unions and gay marriage.
Ford, who represented Memphis in Congress for five terms, was asked if he now favors gay marriage on Monday's "Today Show," and he said he did.
Ford, who as a congressman voted for the federal amendment to ban same-sex marriage, has come under fire from gay rights advocates as he reportedly weighs a bid to challenge Gillibrand, an outspoken gay rights supporter, in the Democratic primary.
According to the New York Post, Ford hedged and invoked other Democratic leaders when Lauer asked whether his views represented a âchangeâ in position.
"Maybe in the language,â said Ford. âBut I'm a believer that benefits should flow to same-sex partners and if indeed the fiction of the language, the title, should be changed, much like Chuck Schumer who changed his mind on it and Bill Clinton's evolved, I'm of the opinion now that nothing is wrong with that,â he said.
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The interview will last about 10-15 minutes, and will broadcast live on Sirius XM Satellite Radio channel OutQ, Sirius 109 and XM 98. Listeners and fans are welcome to participate by calling (866) 305-6887. For those who don't subscribe to Sirius, a free online trial is available at http://www.sirius.com/.
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