"Constitutionally protected activity" cannot justify Proposition 8

Those who continue to defend California's Proposition 8 apparently failed to read the Constitution before they delivered their oral arguments to the 9th U.S. Circuit Court of Appeals yesterday in San Francisco, but former U.S. Solicitor General Ted Olsen provided a concise civics lesson.

"How can the fundamental right of marriage in California be taken away because of a constitutionally protected activity," said Olsen, referring to the U.S. Supreme Court's landmark Lawrence vs. Texas decision that struck down the Lone Star State's sodomy laws.

In other words, homophobia alone cannot and should not justify discrimination against any person who wants to marry the person he or she loves.