Proposition 8 attorney David Boies spoke with David Gregory on Meet the Press yesterday in laying out the case that will be presented to the Supreme Court this week. Of note, he said that:
We believe that even if you simply apply the rational basis test, there is no rational basis to justify this ban. And that's because...there is no evidence. None. That allowing gay and lesbians to marry harms the institution of marriage or harms anyone else...The evidence is that having a loving couple that are married is great for children. Everybody agreed with that. But the evidence is that's true whether it's a gay couple or a straight couple. And it's true whether it's an adopted couple or a biological couple.
When Gregory pointed out the multitude of states that have banned same sex marriage (39) and asked about Boies' thoughts on potentially overturning the will of those states, Boies stated succinctly that "Everytime the Supreme Court makes a constitutional decision it's making a decision that certain fundamental rights are too important to be left to the ballot box." And it's true - civil rights are rights for a reason - they aren't civil majority-approved rights; rights are inherent, not voted upon.As Rachel Maddow famously said in 2010, "ut here’s the thing about rights. They’re not actually supposed to be voted on. That’s why they’re called rights."
Here's the interview: