Olson talks Prop. 8 on “Fox News Sunday”

Yesterday, Ted Olson spoke to Chris Wallace, host of Fox News Sunday, about last week’s decision in U.S. District Court on California’s Proposition 8:

Former Bush administration solicitor general Ted Olson, a part of the legal team who fought to overturn California’s gay marriage ban, said Sunday the decision by a federal judge ruling Prop. 8 unconstitutional was not an example of judicial activism.

“That’s why we have judges and that’s why we have an independent judiciary,” Olson said on “Fox News Sunday.”

“It is not judicial activism, it is judicial responsibility in its most classic sense,” he said.
Pressed on whether a single judge can overrule the will of some seven million California voters, Olson called it the proper role of the federal judiciary to “make sure that when we vote for something we’re not denying minorities their constitutional rights.”

Without separation of powers and the Bill of Rights, Olson said citizens in California or any other state would be empowered to “take away my rights or your rights.”

Olson continued: “We do not put the Bill of Rights to a vote.” He noted that 41 states outlawed interracial marriage at one time. Had that been allowed to stand, “the president’s parents could not have been married,” he said.

Here is the video of Olson’s appearance:

The reaction on the grassroots right has been what you might expect, screams of judicial activism have been prevalent. But as Ted Olson said yesterday, “Most people use the term judicial activism to explain decisions that they don’t like.”

We should prefer government get out of the marriage business entirely, but this decision is the direct result of government intrusion into people’s private lives. Government should stop incentivizing marriage and excluding a certain segment of individuals simply because they are of a certain sexual orientation.

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