Could Olsen & Boies' Suit Could End Gay "Marriage"?

[MCWAY]

Boy, is this a classic case of "Be careful what you wish for; you just might get it".

For years, gay activists have clamored for the Supreme Court to take on the case, in order to strike down the Defense of Marriage Act (DOMA) and legalize gay "marriage" nationwide.

But, now that the two guys, who argued Bush v. Gore are engaging the machinations to get it there (filing to overturn California's Prop. 8 ), gay activists are TREMBLING and SCREAMING for lawyers Ted Olsen and David Boies NOT to go through with it.

And, the reason for it appears to be that old "unintended consequences" thing. According to reps from the ACLU and LGBT organizations the fear is a "Roe v. Wade effect" (at the very least, if the Court overturns Prop. 8 ).

However, if Olsen and Boies lose the case (assuming the US Supreme Court even takes it, instead of just deferring to Baker v. Nelson from 1972), not only will Prop. 8 stand BUT the court may actually STRIKE DOWN gay "marriage" in the handful of states that have legalized it.


These organizations are very clear about why there should be no effort to file a federal case: "[T]he U.S. Supreme Court typically does not get too far ahead of either public opinion or the law in the majority of states. For example, few states still had laws requiring racial segregation or outlawing interracial marriage by the time the Court struck those laws down. Most states had already struck down or repealed their own laws against same-sex intimacy when the Supreme Court finally invalidated Texas's law [in Lawrence]."

More specifically, the ACLU and LGBT rights organizations have noted that a loss in the U.S. Supreme Court on this issue would have a seriously negative impact on the state courts that have been striking down marriage bans on their own. In addition, it might negatively impact efforts at the ballot box.....

In speaking off-the-record with the ACLU, I learned that they are quite worried about the Olson/Boies action. No one questions the good motives behind the action, nor Olson's or Boies's skills as attorneys, although this is their first venture into a unique area of the law. The questions raised are simply about the wisdom of taking a tremendous risk, a gamble that may grievously backfire.

http://writ.news.findlaw.com/dean/20090529.html

http://www.dailykos.com/storyonly/2009/5/29/726378/-Olson-Boies-Prop-8-Lawsuit:-Risky-Challenge

[Dos Equis]

Definitely interested to see how this plays out. 

[MCWAY]

Definitely interested to see how this plays out. 

Well, the folks in Maine may play a role. They are working to get 56,000 signatures on the ballot to activate the "People's Veto", in order to vote down Maine's new gay "marriage" law.

Plus, as the article I linked mentioned, the gay activists acknowledge that the US Supreme Court doesn't buck trends of the states.

[Straw Man]

I'm sure both Bum and McWay will support the decision no matter which way it goes

[Dos Equis]

Well, the folks in Maine may play a role. They are working to get 56,000 signatures on the ballot to activate the "People's Veto", in order to vote down Maine's new gay "marriage" law.

Plus, as the article I linked mentioned, the gay activists acknowledge that the US Supreme Court doesn't buck trends of the states.

Do you think they have enough votes in Maine? 

I'd be surprised too if the Supreme Court basically overturned the vote of all of the states where this has come up.  Do you know specifically how many states have voted to preserve traditional marriage and/or reject homosexual marriage? 

[MCWAY]

Do you think they have enough votes in Maine? 

I'd be surprised too if the Supreme Court basically overturned the vote of all of the states where this has come up.  Do you know specifically how many states have voted to preserve traditional marriage and/or reject homosexual marriage? 

At least 44 states define marriage only as a union between a man and a woman. 30 of those have state constitutional amendments (including yours, Hawaii, and mine, Florida).

I'd be surprised, too. But, as I said, the gay activists are afraid that, if Boies and Olsen lose, the REVERSE will happen: The Court will uphold Prop. 8 and STRIKE DOWN gay "marriage" in the few states, where it's legal.

[Dos Equis]

At least 44 states define marriage only as a union between a man and a woman. 30 of those have state constitutional amendments (including yours, Hawaii, and mine, Florida).

Thanks.  That's as overwhelming as you can get.