Anarky wrote:I don't fully understand what Theodore Olson was attempting to do. The Justices did a better job of defending gay marriage then he was.
The guys defending gay marriage were top class in comparison to who was against it:
Pro:
Theodore Olson - Solicitor General for President Bush
Donald Verrilli Jr. - Current Solicitor General (for Obama)
Con:
Chuck Cooper - Who the fuck is this guy?! Iran-Contra?
TRMS pointed out this difference (rather humorously) (around the 3:00 mark) on their Monday show. Cooper inexperience in arguing this stuff showed rather clearly, and you could find numerous times where Scalia was trying to argue for him.
Also, keep in mind that Kagan was Obama's Solicitor General prior to taking the job in the Supreme Court. (Verrilli replaced Kagan.) So, she's pretty experienced in being in Olson's spot, defending a position in front of the Supreme Court.
kali o. wrote:I sympathize with the religious and social objectors, because I don't believe anyone should have carte blanche to marry whoever/whatever they want, especially when there are religious or cultural roots in the institution of marriage... but the whole problem boils down to rights and unequal access to benefits. The government has woven these things into marriage and, thus, it must be a valid option for gays/common law/etc.
The whole problem is language. This argument would have been won already if they properly separated the difference between religious marriage and legal marriage. Gays want to be
legally married. They could give a shit if one religion or another doesn't recognize it. Religion is a choice; they can always find a church that respects religious gay marriage. You can't do that with
legal marriage. And the term "civil union" doesn't solve that, because it's legally a different term than "marriage".
Most of the opposition's position was centered around religious marriage. The arguments were actually pretty valid: nobody should force a church to re-define the terms of marriage. They are right. However, nobody was asking the government to step in and change how the church defines religious marriage.
People couldn't separate the two, because nobody referred to it in those terms. The GOP probably did that on purpose, but the pro-gay side should have picked up on that and showed people the difference.