As the June 12 anniversary of Loving
v. Virginia approaches, Prop 8 lawyers Ted Olson and David Boies
say the 1967 Supreme Court decision laid the groundwork for their gay
The lawyers, who are challenging the
constitutionality of California's 2008 voter-approved gay marriage
ban, Proposition 8, argue that the court's unanimous Loving
decision makes it clear that marriage is a fundamental right
protected by the constitution.
“Forty-four years ago, the United
States Supreme Court unanimously ruled that marriage is one of the
basic civil rights of man; fundamental to our very existence and
survival. And that under our constitution, the freedom to marry or
not marry a person of another race resides with the individual and
cannot be infringed by the state,” Olson says in a
two-minute-fifteen-second video released Thursday.
“At the time, interracial marriage
was outlawed in Virginia and in a number of other states across the
country,” Boies says.
“Forty-four years later, Loving v.
Virginia has a profound significance for another group of
citizens who wish to marry but are not allowed: gay and lesbian
“The freedom to marry is a
constitutional right,” Boies asserts, “as recognized in Loving
v. Virginia.” (The video is embedded in the right panel of