The lead attorney in the successful federal challenge to California's Proposition 8 appeared on Fox News Sunday and eviscerated the conservative talking points against marriage equality made by host Chris Wallace. "Where is the right to same-sex marriage in the Constitution?" asked Wallace. "Where is the right to interracial marriage in the Constitution, Chris?" replied former Bush administration Solicitor General Ted Olson.
Rough transcript of one of the key passages:
OLSON: The Supreme Court has looked at marriage and has said that the right to marry is a fundamental right for all citizens. So you call it interracial marriage and then you could prohibit it, no? The Supreme Court said no. The same thing here. ...
WALLACE: Seven million people in California don't get to say marriage is between a man and a woman? Seven million Californians voted to say that in November 2008.
OLSON: In the 1960s, an equivalent number of Californians voted to change their constitution to say you could discriminate on the basis of race in the sale of your home. The United States Supreme Court struck that down. If 7 million Californians decided that we should have separate but equal schools—or send some of citizens to separate drinking fountains or to the back of the bus—that would be unconstitutional. ... That's why we have a Bill of Rights.
Later, when Wallace said that same-sex marriage should be decided on a "state-by-state basis", Olson replied for the win: "Well, would you like your right to free speech? Would you like Fox’s right to free press put up to a vote and say well, if five states approved it, let’s wait till the other 45 states do?"