Gay Marriage; Human Rights or Church Dogma? Conservative Ted Olsen Weighs In

It is OK for people to vote on things that are not Constitutional, like making slavery legal, or taking away human rights, denying voting rights or the right to the pursuit of happiness. But how long will laws like this stay on the books when they violate the US Bill of Rights or the US Constitution?

It was not too long ago, that California voters passed a law that said they could sell their homes to only white buyers and refuse to sell to black buyers. The Supreme Court struck down that majority vote of the people, because it was against the Constitution and Bill of Rights, that all men and women are created EQUAL, with an equal right to the pursuit of HAPPINESS. 

True US citizens that believe in the Constitution do not want to do away with the US Bill of Rights. So how did 41 states prohibit interracial marriages by law as little as 45 years ago? The Supreme Court struck down this state law as well, as being unconstitutional (and UnAmerican, in our view).

The Supreme Court has affirmed the right to marry 14 times. We do not allow inequality in the Constitution. The 14th Amendment requires equality for all US citizens. 
Ted Olsen interview, part I

“Ted Olson To Chris Wallace On Marriage Equality: ‘Would You Like Fox’s Right To Free Press Put Up To A Vote?’

This morning, Ted Olson — the conservative lawyer who represented President Bush in Bush v. Gore — appeared on Fox News Sunday to discuss his recent victory in overturning Proposition 8, which banned same-sex marriages in California. Throughout the interview, host Chris Wallace attempted to trip up his guest with a series of familiar Republican talking points, all of which Olson repudiated.

Wallace asked Olson to identify the right to same-sex marriage in the constitution and wondered why “seven million Californians” “don’t get to say that marriage is between a man and a woman.” Olson replied that the Supreme Court has ruled that marriage was a fundamental right and pointed out that the constitution made no explicit mention of interracial marriage either. 
He stressed that under our system of government, voters can’t deprive minority groups of their constitutionally guaranteed protections and reminded Wallace that in the 1960s, “Californians voted to change their constitution to say that you could discriminate on the basis of race in the sale of your home; the United States Supreme Court struck that down.”
When Wallace pressed the point further, likening same-sex marriage to abortion and noting that “the political process in the case of same-sex marriage was working” since states had been deciding the issue on a “state-by-state basis,” Olson asked Wallace how he would like it if Fox News’ right to free speech was decided in such a manner:
OLSON: Well, would you like your right to free speech? Would you like Fox’s right to free press put up to a vote and say well, if five states approved it, let’s wait till the other 45 states do? These are fundamental constitutional rights. 
The Bill of Rights guarantees Fox News and you, Chris Wallace, the right to speak. It’s in the constitution. And the Supreme Court has repeatedly held that the denial of our citizens of the equal rights to equal access to justice under the law, is a violation of our fundamental rights. Yes, it’s encouraging that many states are moving towards equality on the basis of sexual orientation, and I’m very, very pleased about that. … We can’t wait for the voters to decide that that immeasurable harm, that is unconstitutional, must be eliminated.
At the end of the interview, Wallace conceded that his right-wing points failed to crack Olson’s arguments. “Mr. Olson, we want to thank you so much for joining us today. We’ll keep following your lawsuit. And I gotta say, after your appearance today, I don’t understand how you ever lost a case in the supreme court, sir,” he said.”

From 2010/08/08/olson-wallace-fns/

                                              Ted Olsen interview, part II

When citizens pass state laws that make second class citizens out of some of their neighbors, family members and community residents, it is fundamentally discriminating against a minority. A law that prevents some citizens from pursuit of their happiness in a state of marriage is flawed. 
We cannot deny the right to happiness of a few citizens who are living in our melting pot of many beliefs, many religions, many sexual orientations.
There is no rationale basis for this anti-gay discrimination, just because it is a minority. Churches can and do have the freedom to deny marriage at any time and for ANY reason, to any members of their church. There is no need to pass a law that makes all gays ‘illegal’. 
For example, churches have had or still have dogma/moral laws that do not allow women to remarry if they divorce. Other rules do not allow women to marry if they have had sex before marriage. Other rules deny marriage rights to church members who do not attend a required church sponsored class before marriage. Some churches can prohibit gays from marrying and they do. Some churches say that women are second class citizens and should ‘follow their man’. Churches have the right to ban people, kick people out, or discriminate against people of minority views in all kinds of ways, within their walls.  

Rachel Maddow reports in the video below about how churches are trying to impose a moral law or dogma that is specific to their religion, but which violates the Constitution/Bill of Rights. Rep. John Kriesel gave a passionate, moving speech against a Minnesota gay marriage ban in Corporal Andrew Wilfahrt’s name. 

Isn’t it odd that is legal to be a soldier, fight and die for the USA, but it is ‘illegal’ for this same soldier to marry the man that he loves? 
Bottom line, there is an evolution in this country on many fronts. Many times, we take one step back,  and do all of the wrong things first, before we move two steps forward and do it right.

The courts and judges are there to make sure the Constitution and Bill of Rights are defended AGAINST a majority of citizens who want to use the power of law against a minority.

For more information and the chance to discuss gay marriage, click on the following links;
Thread One Gay Marriage Discussion
Thread Two Gay Marriage Discussion
Gay Marriage; Human Rights or Church Dogma? Conservative Ted Olsen Weighs In; Via A Green Road Blog

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