A California gay couple, that's who. Arthur Smelt and Christopher Hammer are suing this week in federal court for the right to marry. Why is that bad? Michael of The Big Gay Picture explains exactly why.
This puts the fight for same sex-marriage one step away from a ruling by the US Supreme Court. That is such a disastrous scenario that Lambda Legal Defense Education, the American Civil Liberties Union, and other heavyweight gay rights groups are withholding funding from the two men and their attorney. Why? Because everyone knows the case is almost certainly a loser and will set a horrendous precedent.I don't mean to sound hysterical, but this case could do more damage to the future of same-sex marriage in America than any right-winger could ever dream. The lawsuit could establish a ruling by SCOTUS-- as early as next year-- on whether the 49 states that don't permit same-sex marriage are violating the Constitution. IF the case goes before SCOTUS and they accept it, regardless of how they decide, it would end badly and would likely lead to same-sex marriage being banned in the Constitution. It would give the anti-gay folks the ideal tool to push for a ban. Unfortunately at this point with public opinion in flux the way it is they'd probably get it.
I can't believe how stupid this is and how angry it makes me. The Supreme Court places a high value on precedence and a ruling against us now only makes it that much more difficult for us to win later. And if you think a Roberts court with Scalia, Thomas, and Alito will rule in our favor, please send me some of what you are smoking...I can't believe Smelt and Hammer are willing to risk all the marriages in Massachusetts and any other near term victories in other states on an incredibly risky roll of the dice because they don't want to wait.
I wish there were a way to stop this, to appeal to this couple and help them ignore their stupid, stupid lawyer who is comparing their case to Dred Scott. (eyeroll)
What is more important than fighting and standing up for what you believe in? Fyghting smart and having a winning strategy. This ain't it. Hopefully the case will get tossed out on some technicality or they'll come to their senses.