David Boies | Gay Marriage | News | Proposition 8 | Supreme Court

Prop. 8 Attorney David Boies Lays Out Supreme Court Case on 'Meet the Press' VIDEO


Prop. 8 attorney David Boies sat down with David Gregory on Meet the Press to talk about this week's case at the Supreme Court, emphasizing that the U.S. Constitution protects all Americans, or it doesn't, and he believes the Court will see that it does.

Said Boies:

"We believe that even if you simply apply the rational basis test, there is no rational basis to justify this ban. And that's because...there is no evidence. None. That allowing gay and lesbians to marry harms the institution of marriage or harms anyone else...The evidence is that having a loving couple that are married is great for children. Everybody agreed with that. But the evidence is that's true whether it's a gay couple or a straight couple. And it's true whether it's an adopted couple or a biological couple."

Gregory also pointed out all the states that currently have bans on same-sex marriage and asked, 'arent' you effectively asking the Court to say, with one stroke of the pen, we're going to invalidate what those states have done?"

Replied Boies: "Everytime the Supreme Court makes a constitutional decision it's making a decision that certain fundamental rights are too important to be left to the ballot box."



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  1. yeah. like human rights before religious ones.

    i think what's so maddening to many of us is the pious hypocrisy of those seeking to deny gay couples the ability to legally marry; forcing people to live according to religious beliefs of yours, that they do not share, is utterly the antithesis of what the GOP claims to believe in.

    Posted by: Little Kiwi | Mar 24, 2013 1:50:36 PM

  2. I watched Melissa Harris-Perry this morning. The first hour was devoted to marriage equality but also to a range of issues important to the LGBTQ community. It was excellent. What was sobering was the map showing those states where it is still legal to discriminate (in housing, jobs, etc.) because of someone's sexual orientation. MHP also had two Trans people who were very eloquent and on-the-money with their views. An hour that went by too fast but surely woke me up to realize that it isn't just marriage equality that should matter to all of us. There are too many of our LGBTQ family who are suffering in poverty, with no jobs, being kicked out of housing, with no legal recourse. We've got work to do.

    Posted by: jamal49 | Mar 24, 2013 2:37:25 PM

  3. "Every time the SCOTUS makes a decision... they say that fundamental rights are too important to be left to a ballot box."

    My biggest fear is that they chicken-out and use 'standing' to avoid the larger decision. My greatest hope is that the majority can capture the decision and spell it out; laws singling out LGBT people require strict scrutiny, don't belong in a ballot box, & must treat everyone equally & all long overdue.

    Then, let all the whiners crumble as their discriminatory laws fall right off the books.

    Posted by: Pete N SFO | Mar 24, 2013 2:38:50 PM

  4. Wow, that graphic is depressing. Long way to go.

    Posted by: daws | Mar 24, 2013 2:51:43 PM

  5. Daws, nearly all of these states amended their constitutions between 2004-2008. Some with a lot of support, some with a narrow majority. It is now five years later, and support for marriage equality has risen tremendously.

    Not all states will have a majority support for equality now, but it is well possible that if they all would vote on it today, the map may get a little less blue, even if just a handful.

    Posted by: Johan de Vries | Mar 24, 2013 3:00:22 PM

  6. Jamal49--It was an excellent hour, and you're right that we do have work to do and probably always will, at least during my lifetime.

    I was born in 1980, and it's fascinating to meet younger gay people who see these SCOTUS cases and the spreading of marriage equality at the state level as some sort of inevitable thing. When I was in high school and college it just seemed like some ridiculously wishful thinking. It wasn't even on the agenda of the advocacy groups I was involved with. That was just 10-15 years ago. And now I'm only 32 and somehow we've arrived at this stage as a movement and as a nation, and I'm honestly amazed at how lucky I am to be alive during this time.

    Posted by: Thomas | Mar 24, 2013 3:26:30 PM

  7. Thomas--Yes, it's astounding. I'm twenty years older than you, and my experience of the social and political advances of the gay agenda is, for me, that much more wondrous and, frankly, bizarre. How did this happen? How did we get here? A lot of very brave and ballsy people gave a great deal. That is unarguable. But also, we are at a tipping point in history; in the big millenial context. Things that have been so for thousands of years have shifted quite suddenly. I feel also, as you said, honestly amazed at how lucky I am to be alive during this time. Stunning, staggering, and just way f'ing cool.

    Posted by: Michael | Mar 25, 2013 3:07:27 AM

  8. Tim and Earl
    Together in love at first sight since 1976
    Married in Canada

    M A R R I A G E . E Q U A L I T Y . U S A

    Gratitude Alphabet by Reverend Timmy:

    "Deep in my heart, I do believe, that we shall overcome the evil myth of heterosexual-supremacy!" ~ The Reverend Timmy, also known as The White-Haired Harbinger of Gratitude.

    Posted by: Tim&Earl | Mar 25, 2013 7:46:48 PM

  9. I agree and am too, in awe of all that is happening to and for the LGBTQ Community. It is long overdue and most likely has gotten to this time in history due to a number of social and political events but having lived and survived during the AIDS Pandemic, I have to believe that is the biggest reason why we are having these discussions and debates and decisions being made. Had millions of our gay brothers not been forced out due to illness and at that time, eminent death, many people would still not believe they know someone who is gay. AIDS changed that very quickly. I've often said, it was too high a price to pay, but it may be the only good thing that disease created - awareness and to a certain degree, acceptance. But again, WAY TOO HIGH A PRICE TO BE PAID. I miss my friends and have to believe they'd be ecstatic and in total disbelief as many of us are. Let's hear it for progress!

    Posted by: Rob | Mar 25, 2013 8:03:42 PM

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