Together with my good friend and occasional courtroom adversary David Boies, I am attempting to persuade a federal court to invalidate California’s Proposition 8—the voter-approved measure that overturned California’s constitutional right to marry a person of the same sex.
My involvement in this case has generated a certain degree of consternation among conservatives. How could a politically active, lifelong Republican, a veteran of the Ronald Reagan and George W. Bush administrations, challenge the “traditional” definition of marriage and press for an “activist” interpretation of the Constitution to create another “new” constitutional right?
My answer to this seeming conundrum rests on a lifetime of exposure to persons of different backgrounds, histories, viewpoints, and intrinsic characteristics, and on my rejection of what I see as superficially appealing but ultimately false perceptions about our Constitution and its protection of equality and fundamental rights.
Many of my fellow conservatives have an almost knee-jerk hostility toward gay marriage. This does not make sense, because same-sex unions promote the values conservatives prize…
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