Quote:
Originally Posted by MsTinkerbelly
But the difference in the case here, as I see it, is that there is far more good news if the Prop 8 case is struck down on standing. I am always a little surprised when friends and colleagues lament that the ruling would be limited to California, the 8th largest economy in the world- large enough to be a country on its own, large enough to be bigger than some entire countries that already have legalized the freedom to marry for same-sex couples. Having thousands of more same-sex couples marry if the case is struck down on standing alone should not be a disappointment. It will help create a favorable environment to a future court ruling. It will help move public opinion and create visibility. It could (potentially) mean saving tens of millions of dollars and countless other resources from a future Prop 8 repeal effort that could be channeled towards advancing equality in other states, like Oregon. I also believe it will help us in efforts to repeal the anti-equality constitutional amendment in Oregon in 2012. And of course, it will make many more same-sex couples a great deal more equal. It is no small deal.
So while I agree with Tobias that a victory on the standing issue would be phenomenal, it is less out of fear or caution regarding the composition of the Supreme Court. I believe, as Olson and Boies do, that we can win there, and that too would be incredible. It is out of a hope for fairness to come sooner rather than later to same-sex couples, and for the sake and usefulness of advancing our movement down the road via other avenues that could even further build our chances of winning at the Supreme Court one day
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I'm one of the ones who want it to go to the SCJ. Probably no surprise there.
I think they have a great case and, of course, a California win--although I'd be happy for all out there--does nothing for other States (some that have rock solid state amendments banning equal marriage) and DOMA still being applied to same sex couples who lack over 1000 benefits.
I also don't think a win in California would do much to change the public opinion of the States around here (that will take generations) where we are located (FL).
Canada has had marriage equality since 2005 and now same sex marriages in Mexico City must be acknowledged by the other 31 states in that country (with a 91 percent Roman Catholic population no less!).
Both of those locations didn't wait until public opinion favoured marriage equality. Both Mexican and Canadian governments, court cases and and/or Supreme Courts took care of it in the name of justice and fairness for all...without a nod to public opinion.
What do you think? Would you consider it a success if the win stays in California and it isn't taken to the SCJ?
Do people still advise patience to those in other States and the issue of Federal rights?
curious.