We may as well give it a go, they've got excellent lawyers on their side. If we win, then we get Marriage NATIONWIDE.
If we lose, which is infinitely more likely as the Court is shifted to the right, the Court will not take it up again for a number of years, delaying the cause ever further. This is a terrible, counterproductive idea.
Of Course its not going to be easy. Nothing is easy. Life can't be handed to you on a platter. I don't know if this work, I don't have my hopes up for it, but who knows. Same Sex Marriage equality and everything WILL happen though. But Shit will have to go down.
This is what I said when Martin brought it up to me yesterday. They have no idea the message they'll be sending if we lose it. Plus in states that are trying to introduce marriage equality all the opponents have to do is point and say, "The highest level law interpreters in the land don't see anything wrong with excluding gays the right to marry, why should we make it legal?"
Another thing; if this even gets to the Supreme Court, it's going to take several years. If voters overturn Prop 8 next year, then the case will be moot and would have been a complete waste of time. Also; Kennedy ruled in favor of gay rights in both Lawrence v. Texas and Romer v. Evans. I don't know if these cases are completely applicable, but I would think it would give us a better shot at getting his vote.
Dunno, it's probably a good idea... hello, Loving v. Virginia? I doubt it's going to set back anything by more than 5 years if it loses.
If not now, when? Most of the conservative judges are quite young, I don't think waiting for the right court would be very prudent. What would've happened if during Brown vs. Board of School they had decided that they needed to wait a little longer, or were like "Well, it'll be bad if the court turns us down, so let's throw the case away."?
I saw both lawyers representing this case on cnn last night, and to be honest, I think they know the risks involved, but they want to give voice to people whose voices have been supressed by the religious right *who is across the board wrong and has been for the past 60 years since the religious govermental dictatorship movement began*