Prof. Hadley Arkes
Within the space of a week, two notable figures on the conservative side in our politics have come out in favor of same-sex marriage. In the case of Dick Cheney, the former vice-president, his daughter Mary had long been known as a lesbian, and Cheney was free now, out of office, to speak words on the side of his daughter.
The bigger jolt came with the announcement of Theodore Olson, the former Solicitor General under Bush II. Olson is one of the premier figures in the conservative legal establishment, an icon of the Federalist Society – and my own political friend. But with a public flourish Olson accepted a commission to challenge yet again Proposition 8 in California, this time in the venue that he calls home: the federal courts.