In a simple display of misguidedness Ted Olson, fellow Fox News Contributor Margaret Hoover, and the "American Foundation for 'Equal' Rights'" are wrong in the assumption that all three argue in stating that California's Proposition 8 is unconstitutional.
The reasons they are wrong are simple. The constitution does not deal with marriage in any form, the presupposition of their arguments are unproven, and they are being made tools by the radical lobby that seeks the overthrow of the definition of family and marriage.
In order for Proposition 8 in California to in some way be argued as being "unconstitutional," one would have to argue that either the constitution clearly defines what marriage is, or that other principles of constitutionality apply. Since clearly the first issue is not in play, we can safely assume that the argument to be made is one of unequal treatment under constitutional guidelines for one set of people.
In order to make this argument, Olson, Hoover, and the "Foundation" must accept an idea, a context, and a definition of what marriage means. The idea, simply put, is that marriage is reduced to binding legal agreements between amorous partners. The context, from their viewpoint, would be that no other outcomes can be considered. And that forces the definition of marriage to be something other than what it CURRENTLY is. Therefore, based on those criteria, they are going to argue that California's Prop 8 is "unconstitutional" federally, because it deprives people from adopting those ideas, context, and definitions, to call their amorous relationship what they wish to call it.
Actually, scratch that last part. They wish to force you and I to call someone else's amorous relationship what they wish us to call it.
Of course Olson, Hoover, and the "Foundation" are either inherently dishonest, or sorely misguided as to the pretext of their own beliefs. I argue this because their presuppositions are at best unproven.