Prop 8 Overturning Gets Theodore Olson’s support
By Swatilekha Paul, Gaea News NetworkMonday, August 9, 2010
WASHINGTON (GaeaTimes.com)- Former Solicitor General Theodore Olson has brushed away the reports that the ruling by U.S. District Judge Vaughn R. Walker to overturn the Proposition 8 that ban same-sex marriage constitutes judicial activism and reiterated that the Supreme Court should uphold the ruling of the federal judge. On “Fox News Sunday,” the former solicitor general talked about the ruling by federal judge Vaughn R. Walker to overturn the California referendum which was passed in 2008 that recognized only marriage only between man and woman.
While reacting to the overturning of the Proposition 8, Theodore Olson said that since the year 1888, United States Supreme Court has articulated that the right to marriage fall under the category of fundamental right and hinted that the question here is whether an individual can be deprived of the right on the basis of the color of their skin or their sexual orientation. The former solicitor general also went on to say that Wednesday’s ruling by the federal judge was not a case of judicial activism as the judge only did what the constitution requited him to do. Moreover, Theodore Olson also pointed out that the ruling of judge Vaughn R. Walker was in no way different from the decision of the Supreme Court which finally brought an end to interracial marriage.
On Wednesday, U.S. District Judge Vaughn Walker who is known to be one of the three openly gay judges across the country, delivered the ruling that Proposition 8 was unconstitutional as it violated the fundamental rights. The overturning of the Proposition 8 was hailed by the LGBT community while the proponents of the law were shocked by the ruling.