Three questions for ... Theodore Olson

SF Chronicle ^ | 10.18.09

[trumandogz]

Of all the lawyers who might have challenged California's ban on same-sex marriage, one of the least likely candidates would seem to be Theodore Olson: a high-ranking Justice Department attorney under Ronald Reagan, U.S. solicitor general under George W. Bush, and lawyer for Bush in the Bush vs. Gore case that decided the 2000 presidential election. But when a federal judge in San Francisco held a critical hearing last week in a suit by two same-sex couples challenging Proposition 8, they were represented by Olson and David Boies, his courtroom adversary in Bush vs. Gore. Before the hearing, Olson talked with Chronicle staff writer Bob Egelko about the case.

Q: How did a conservative Republican like you come to support gay rights?

[montag813]

I believe by “individuals” he is referring to adult consenting humans.

Right, such as brothers and sisters or fathers and daughters.

[Regulator]

Well, let’s say it wasn’t obvious...maybe I haven’t had enough caffeine today

[trumandogz]

We have laws against incest and there does not seem to be any organization challenging those laws.

[montag813]

We have laws against incest and there does not seem to be any organization challenging those laws.

And what legal principles underlie those laws? If it is religious or tradition, that is gone with an Olsen-favorable ruling. If it is proceation, that is also gone, since the Olsen case seeks to invalidate procreation as a legal precedent for "marriage". Strip those away and I see nothing to prevent an easy challenge to both incest laws and incestuous matrimony.

[trumandogz]

I am opposed to gay marriage.

However, Olson is going to argue that Prop 8 violates the Equal Protection Clause and this Court will but that argument and overturn Prop 8.

[montag813]

However, Olson is going to argue that Prop 8 violates the Equal Protection Clause and this Court will but that argument and overturn Prop 8.

I agree and believe the Supreme Court will follow suit, due to Kennedy's defection. However I also believe that my incest and polygamy landmines can be utilized to trip up the momentum ad absurdum.

[Dumb_Ox]

So how many other Republicans are going to surrender, after taking so much $ and votes from conservatives?

What do we do then?

[trumandogz]

My take on this is that Olson knows he will win this case at the SCOTUS and will not only have that notch on his belt, but will be known as an attorney that won a major SC case that was not in line with his political ideology.