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High court rejects lawsuit over gays in military law

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Pushing either Dont' Ask, Don't Tell or Gay marriage to the Supreme Court right now is the legal equivalent of thinking with the little head. My stomach hurts when I think of how much there is to lose by rushing ahead before the necessary spadework has been done and how close we are to achieving these goals through safer, if slower, means. If nothing else, there's the distinct possibility that one or two of the swing votes we need have gotten a little gun shy after a whole generation's worth of litigation on abortion. This is inherently a political issue and it needs to be at least partially won in the political arena before being presented to the Court for ratification.

The California Supreme Court practically stood on its head to make clear its holding on Prop. 8 wasn't intended to be anti-gay but the media and the public read it as an endorsement of the anti gay marriage groups. Try to imagine reading a majority opinion on gay marriage written by Justice Scalia before donating any money to a legal group hot to get an immediate definitive ruling on these issues. Even very smart lawyers can let their personal ambition to write their names onto a landmark case cloud their judgement on the timing of a lawsuit. For some it's better to take their chance and lose than wait and let someone else win the credit. Like I said, it's the legal equivalent of thinking with your little head. There are very good reasons the established gay legal groups are shying away from the Supreme Court on gay marriage. Let's take our time and do this right. We won't get a second chance for a generation.

Just my two cents worth, guys. Sitting here in a small Mid-South town, maybe I'm missing something that changes the risk/reward equation.

My understanding is that what the courts won't do to move this matter forward can be done in the legislature, where some experts say it really should be done. No?

  • Active Members
My understanding is that what the courts won't do to move this matter forward can be done in the legislature, where some experts say it really should be done. No?

Yes, it's much safer and working through the legislatures (& referenda) has the additional effect of educating straights out of their stereotypes about gays.

  • Active Members
Pushing either Dont' Ask, Don't Tell or Gay marriage to the Supreme Court right now is the legal equivalent of thinking with the little head.

Great line. I agree, groundwork continues to need to be laid.....

  • Active Members
Great line. I agree, groundwork continues to need to be laid.....

Not to be too silly, but is "groundwork" an escort we all need to know?

Best regards,

RA1

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