AFER lawyer Ted Olson and Family Research Council President Tony Perkin were back on FOX News Sunday this morning, this time to discuss the Supreme Court's decision to review four gay marriage cases from the Sixth Circuit. Unsurprisingly, many of the same arguments and talking points from their first face off back in October resurfaced this time around.
Perkins, the leader of a Southern Poverty Law Center-designated hate group, again brought up the fact that voters in a majority of states have chosen to define marriage as the union of one man and one woman.
Olson countered: But the Supreme Court again and again has said that it's its responsibility to decide when the Constitution trumps the will of the people. Justice Kennedy held for the court striking down a Colorado measure a number of years ago that discriminated against gays and lesbians. He voted for the court and wrote the opinion striking laws in Texas and laws throughout the United States that prohibited private same-sex conduct in the privacy of home and he wrote the opinion for the court in the decision striking down the legislature's overwhelming decision to enact the Defense of Marriage Act. So ultimately, the reason we have a Constitution, the reason we have separation of powers, the reason we have the 14th amendment is to provide the courts with the opportunity to override the will of the people when the will of the people leads to discrimination against a segment of our society.
Watch, AFTER THE JUMP…
Previously, "David Boies on Why the Supreme Court Will Legalize Nationwide Marriage Equality" [tlrd]
