David Boies | Federal Prop 8 Trial | Gay Marriage | News | Proposition 8 | Ted Olson

Ted Olson and David Boies: On 'Loving v. Virginia' Anniversary, a Precedent for Marriage Equality


A special message from the attorneys challenging Proposition 8 in federal court.

Loving "To commemorate the 44th anniversary of Loving v. Virginia, the Supreme Court's decision that that struck down laws that forbade African Americans and whites from marrying, AFER's co-counsel in the Prop. 8 case, Ted Olson and David Boies, recorded a special message. They talk about how the Loving case set an important precedent for the current fight for marriage equality."


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  1. A message from true activists that understand the spirit of the law.

    Posted by: Joe | Jun 9, 2011 8:53:47 PM

  2. In a way, I see this as a call to arms. More members of the LGBT community need to get away from their keyboards and get involved in our civil rights struggle.

    Many groups across New York are actively working to get the marriage equality football across the line and into the end zone, but we need help.

    Please get involved.

    Posted by: Rich Murray | Jun 9, 2011 9:20:42 PM

  3. You can read the background of this momentous case here:


    Note the comment by the Supreme Court:

    "Marriage is one of the "basic civil rights of man," fundamental to our very existence and survival.... To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State's citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discrimination. Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State."

    And here's what Mildred Loving said about gay marriage just before she died:

    "Surrounded as I am now by wonderful children and grandchildren, not a day goes by that I don't think of Richard and our love, our right to marry, and how much it meant to me to have that freedom to marry the person precious to me, even if others thought he was the "wrong kind of person" for me to marry. I believe all Americans, no matter their race, no matter their sex, no matter their sexual orientation, should have that same freedom to marry. Government has no business imposing some people's religious beliefs over others. Especially if it denies people's civil rights.

    I am still not a political person, but I am proud that Richard's and my name is on a court case that can help reinforce the love, the commitment, the fairness, and the family that so many people, black or white, young or old, gay or straight seek in life. I support the freedom to marry for all. That's what Loving, and loving, are all about."


    Posted by: Nick Thiwerspoon | Jun 9, 2011 9:29:05 PM

  4. Love them. We are so fortunate to have Boies and Olson on our side.

    Posted by: K | Jun 9, 2011 9:44:57 PM

  5. The perfect statement.

    Posted by: Philop | Jun 10, 2011 5:01:08 AM

  6. If it wasn't for that simple little word "Marriage", this issue would have been put to rest long ago. "Marriage" connotes "Holy Matrimony" and the religious community rightfully sees Prop 8 as an attempt by the government to violate the Establishment Clause of the First Amendment that prevents the Church and State from interfering in the affairs of the other. The Answer?: Give the word "Marriage" back to the Church and RETRO-ACTIVELY replace the word "Marriage" on all legal documents with "Life Partnership". This way the Church can continue to sanction or deny 'Marriage' ceremonies as it sees fit based on religious principles AND the government can do its job of overseeing and enforcing contractual agreements, like 'Life Partnership Agreements', between consenting adults with no regard to the race, gender or sexuality of the adult parties to the contract.
    Instead of fighting to have the government grant us the same rights to Holy Matrimony, we should be fighting instead to have the word 'Marriage License' removed (RETRO-ACTIVELY!)from ALL existing and future legal documents and replaced with 'Life Partnership Agreement' which will automatically give all adults the same rights to form legally binding life partnership contracts. The Church will be happy to have its word back and the State will continue its secular duty to serve all irrespective of religious beliefs.

    Posted by: J.R. Cant | Jun 10, 2011 2:42:23 PM

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