Prop 8 Closing Arguments: A Report From Inside the Courtroom
Last week, in a San Francisco courtroom, lawyers seeking to overturn Proposition 8 argued that they knew what it meant to “be American” and that, as a result, their definition should overrule the majority of California voters. Proposition 8, the California constitutional amendment defining marriage as being between a man and a woman, went on trial in January, 2010. Six months later, lawyers on both sides presented their final arguments. Several times during the oral argument and during the press conference immediately afterward, lawyers arguing that Proposition 8 unconstitutionally denies equal protection under the law stated that if homosexual marriages were permitted, we would all be “more American.”
The first time these words were uttered, I began to ponder what it meant to “be American” and how it was that this lawyer, former Solicitor General Theodore Olsen, so passionately believed in a concept of America that I so fervently believe goes against the fabric of not only what this Nation was at its inception but what still defines who we are today. In 1789 our Nation’s founders met in Philadelphia and crafted a Constitution that could initially be described as the “American experiment” and now can truly be described as the “American experience.” The experiment succeeded above and beyond the wildest dreams of the men who laid its foundation. Our Constitution was and is drafted for the people and by the people—the same people who by a simple majority vote passed Proposition 8. What Mr. Olsen argued in that courtroom was not simply that marriage itself, the bedrock of society, should be redefined but that the American experience should be redefined.
What Mr. Olsen should have said is that he believes America would be better if Proposition 8 was overturned, not that we would all be more American. At its core, America is a wildly successful experiment in republican democracy. Mr. Olsen, however, would like a judge to declare that the voters of California who exercised those democratic principles should be overturned. That will not make anyone, including Mr. Olsen, more American, as the very notion of it will redefine the democratic principles that our Constitution was carefully crafted to uphold.
Advocates exists to protect the Constitution and the principles upon which it was drafted—principles that Mr. Olsen now needs to redefine to successfully argue that American voters no longer have a right to answer questions of almost unparalleled social significance. In January, we filed a motion to intervene in this case on behalf of the County of Imperial, which is necessary to assure that the decision can be appealed to the Ninth Circuit Court of Appeals. We are expecting the judge to rule on both the motion to intervene and the constitutionality of Proposition 8 shortly. As we move forward, I remain hopeful that Mr. Olsen’s attempt to redefine American democracy will fail. I remain even more hopeful that as a Nation we will embrace what it means to “be American” and treasure our liberty, freedom, and democracy enough to passionately defend it – even at great cost.
Jennifer Monk
Associate General Counsel
This information is provided by Advocates for Faith and Freedom, a non-profit religious law firm dedicated to protecting religious liberty in the courts! To help us in our ongoing battle for religious freedom, click here to donate to Advocates.
The first time these words were uttered, I began to ponder what it meant to “be American” and how it was that this lawyer, former Solicitor General Theodore Olsen, so passionately believed in a concept of America that I so fervently believe goes against the fabric of not only what this Nation was at its inception but what still defines who we are today. In 1789 our Nation’s founders met in Philadelphia and crafted a Constitution that could initially be described as the “American experiment” and now can truly be described as the “American experience.” The experiment succeeded above and beyond the wildest dreams of the men who laid its foundation. Our Constitution was and is drafted for the people and by the people—the same people who by a simple majority vote passed Proposition 8. What Mr. Olsen argued in that courtroom was not simply that marriage itself, the bedrock of society, should be redefined but that the American experience should be redefined.
What Mr. Olsen should have said is that he believes America would be better if Proposition 8 was overturned, not that we would all be more American. At its core, America is a wildly successful experiment in republican democracy. Mr. Olsen, however, would like a judge to declare that the voters of California who exercised those democratic principles should be overturned. That will not make anyone, including Mr. Olsen, more American, as the very notion of it will redefine the democratic principles that our Constitution was carefully crafted to uphold.
Advocates exists to protect the Constitution and the principles upon which it was drafted—principles that Mr. Olsen now needs to redefine to successfully argue that American voters no longer have a right to answer questions of almost unparalleled social significance. In January, we filed a motion to intervene in this case on behalf of the County of Imperial, which is necessary to assure that the decision can be appealed to the Ninth Circuit Court of Appeals. We are expecting the judge to rule on both the motion to intervene and the constitutionality of Proposition 8 shortly. As we move forward, I remain hopeful that Mr. Olsen’s attempt to redefine American democracy will fail. I remain even more hopeful that as a Nation we will embrace what it means to “be American” and treasure our liberty, freedom, and democracy enough to passionately defend it – even at great cost.
Jennifer Monk
Associate General Counsel
This information is provided by Advocates for Faith and Freedom, a non-profit religious law firm dedicated to protecting religious liberty in the courts! To help us in our ongoing battle for religious freedom, click here to donate to Advocates.
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