Chris Wallace asked Olson to identify the right to same-sex marriage in the constitution and wondered why “seven million Californians” “don’t get to say that marriage is between a man and a woman.” Olson replied that the Supreme Court has ruled that marriage was a fundamental right and pointed out that the constitution made no explicit mention of interracial marriage either. He stressed that under our system of government, voters can’t deprive minority groups of their constitutionally guaranteed protections and reminded Wallace that in the 1960s, “Californians voted to change their constitution to say that you could discriminate on the basis of race in the sale of your home; the United States Supreme Court struck that down.”
And the Supreme Court has repeatedly held that the denial of our citizens of the equal rights to equal access to justice under the law, is a violation of our fundamental rights. Yes, it’s encouraging that many states are moving towards equality on the basis of sexual orientation, and I’m very, very pleased about that. … We can’t wait for the voters to decide that that immeasurable harm, that is unconstitutional, must be eliminated.
