Republican lawyer and former solicitor general Theodore Olson said in a new interview that he believes America’s same-sex marriage fight has passed “the point of no return.”
“I do not believe that the United States Supreme Court could rule that all of those laws prohibiting marriage are suddenly constitutional after all these individuals have gotten married and their rights have changed,” he said in an interview on Capital Download. “To have that snatched away, it seems to me, would be inhuman; it would be cruel; and it would be inconsistent with what the Supreme Court has said about these issues in the cases that it has rendered.”
Olson is perhaps best recognized in cultural media for arguing Bush v. Gore and the challenge to California’s Proposition 8.
During the interview with Susan Page, Olson lamented on the subject of marriage equality in all 50 states
“When will that happen? And how much misery and how much suffering do individuals in this country have to experience before that happens?” he asked.
Marriage Equality USA (MEUSA) statistics from October 2014 reveal the following:
- 32 of 50 states have marriage (64 percent)
- 33 of 56 states, special districts, and territories have marriage (58.9 percent) – Washington D.C. is the only special district/territory with marriage. Others remaining are: American Samoa, Guam, N. Mariana Islands, Puerto Rico, U.S. Virgin Islands
- 5 percent of people live in a state, special district or territory with marriage
- 4 percent of people live in a state, special district or territory without marriage
- 3 states are currently bound by their Circuit Court ruling to allow marriage but have not started or are appealing – Kansas (10th), Montana (9th) and South Carolina (4th)
- We are awaiting a ruling from the 6th Circuit any day on marriage cases affecting Michigan, Ohio, Kentucky, and Tennessee
Olson’s video interview is below.