“Nearly four years after filing the case, Ted Olson and David Boies told the Supreme Court Thursday that the Constitution “does not tolerate the permanent exclusion of gay men and lesbians from the most important relation in life” — marriage.
“As part of the challenge to California’s Proposition 8 that the two lawyers have brought on behalf of two same-sex couples unable to marry in the state, Olson and Boies argue both broadly for a constitutional right to marry that should include same-sex couples and more narrowly that the vote in November 2008 to end same-sex couples’ right to marry in California was unconstitutional.
“‘The unmistakable purpose and effect of Proposition 8 is to stigmatize gay men and lesbians—and them alone—and enshrine in California’s Constitution that they are ‘unequal to everyone else,’” they write.”
