http://www.huffingtonpost.com/richard-socarides/exactly-why-we-have-court_b_419491.htmlRichard Socaride
Attorney, former White House advisor to Bill Clinton
Posted: January 11, 2010 09:54 PM
"Exactly Why We Have Courts, Why We Have the Constitution and Why We Have the 14th Amendment"Today, in a courtroom in California, a historic trial is beginning, one which may eventually decide the direction of civil liberties and constitutional rights in the United States into the foreseeable future. That trial is Perry v. Schwarzenegger, and the battle for that most basic of civil rights, the right to marriage for anyone, regardless of sexual orientation, is now officially underway.
Theodore B. Olson, lead attorney for the plaintiffs, delivered his opening remarks this morning starting at 9 AM PT. In these, he reminded the court that "in the words of the highest court in the land, marriage is the most important relationship in life," and that basing the right to that relationship "on characteristics of an individual" is unconstitutional. He also noted that the stop-gap of domestic partnerships currently available in some states is an unequal alternative, and moreover, sounds like "a commercial venture."
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Mr. Olson continued, noting that according to the California Supreme Court itself, "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." He then went on to lay out reasons for the importance of marriage, the harm Proposition 8 has done to gay and lesbian couples, and the lack of any valid reasons behind this exclusion.
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Nevertheless, this trial, a landmark of civil rights for our time, is sure to draw the eyes of the world. The stakes could not be higher, but as Olson said today: "that is exactly why we have courts, why we have the Constitution and why we have the 14th Amendment....That is why we are here today."
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