ext_255535 ([identity profile] catsonmars.livejournal.com) wrote in [personal profile] kyburg 2009-05-29 05:59 pm (UTC)

I think it's a bad idea too. Although, to be clear, the argument will be a new one on discrimination grounds, not the "people don't have the right to change their own constitution" route.

However, doing this now is terrible strategy. The court is more conservative now than it has been in decades, thanks to eight years of one of the most horrible people in American history. Jumping the shark and taking this issue to the court now would likely see them rule against us, setting back marriage equality for decades. A few more years on the federal route might see more sympathetic judges (and if there is a God, Clarence Thomas or Antonin Scalia will drop dead by then) instead of right-wing loons who mask their contempt for the common man through rhetoric of constitutional adherence, the Founders, etc.

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