"Letter from a Birmingham Jail" and Ted Olson and David Boies' Fight for Equal Rights
One of the most important events in the history of civil rights may have happened today. Theodore Olson and David Boies' lawsuit seeking to overturn Proposition 8, California's ban on same-sex marriage is one of the boldest, clearest actions taken on the issue, and Olson's role in Bush vs. Gore and position as solicitor general in the Bush administration gives him a powerful and surprising opportunity to draw broad support to the issue.
"Creating a second class of citizens is discrimination, plain and simple," said Olson, "The Constitution of Thomas Jefferson, James Madison and Abraham Lincoln does not permit it."
But instead of welcoming this historic day, liberal and gay groups (the same ones who lost their case in front of the California Supreme Court) immediately have criticized the effort, joining those who oppose gay marriage in opposing the lawsuit.
We think its risky and premature," said Jennifer C. Pizer, marriage project director for Lambda Legal in Los Angeles.
Matt Coles, the "director of the LGBT project at the ACLU seemed defensive, telling the New York Times "It's not something that didn't occur to us," "Federal court? Wow. Never thought of that."
While Coles may have thought of it, Olson and Boies have over 80 years of legal experience between them and Olson has won 75 percent of the 55 cases he has argued before the Supreme Court.
With all due respect to the gay rights groups who have worked tirelessly and courageously for decades to advance this cause, perhaps it is time to stop thinking of this as a "gay" issue. That thinking helped these groups lose both the campaign against Proposition 8 and the legal challenge they waged at the California Supreme Court.
Perhaps these groups should recognize that believing that they "own" this issue plays exactly in to the strategy of those who want to stop them from having equal rights. The worst nightmare of the right-wing groups who sponsored Proposition 8 was that straight Americans would see the fight against it as their fight.
Perhaps these groups should read Martin Luther King's "Letter from a Birmingham Jail."
Written on April 16, 1963, King's letter answers many of the questions that people are asking about the lawsuit.
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http://www.huffingtonpost.com/trevor-neilson/letter-from-a-birmingham_b_208446.html