Charles Cooper, the lawyer in charge defending the right of Californians to amend their own constitution to protect marriage, strikes hard at the supercilious arguments uberliberal David Boies made in the Wall Street Journal in a letter to the editor:
In his July 20 op-ed “Gay Marriage and the Constitution,” attorney David Boies explains why he and his co-counsel, Ted Olson, are attempting to take the controversial public policy issue of same-sex marriage out of the hands of California’s voters and place it in the hands of federal judges. . .
Mr. Boies’s divisive rhetoric defames as bigoted not only the majority of Californians, but also the overwhelming majority of Americans—decent people from all walks of life, all political parties, and all races and creeds. . .
The traditional definition of marriage has nothing in common with antimiscegenation laws. . . they were rooted in bigotry and furthered no legitimate governmental interests whatsoever. The overriding purpose of marriage, in nearly every civilization throughout history, has always been to channel potentially procreative sexual relationships into stable and binding unions that will provide for the care and upbringing of the offspring of those unions.
. . .This purpose of marriage goes to the very survival of civilization; it has nothing to do with literal or figurative gay-bashing.
The Supreme Court cases recognizing the fundamental right to marry contain not a scrap of support for redefining marriage to include same-sex unions. . . Innovation and change are the hallmarks of a democratic and pluralistic society. Maybe these experiments will succeed and be imitated by other states. Or maybe not. But if the federal courts yield to Mr. Boies’s demands, that will be the end of the debate, and there will be no going back—not for California nor for any other state.
A majority of California’s voters, with malice toward none, have decided not to try this experiment, at least for now. Nothing in our Constitution gives the courts the extraordinary and dangerous power to force it upon them.