So, some States-based gay are super psyched about gay marriage in California. And why shouldn’t they be? It’s a swell development and definitely takes our humble little liberal democracy one step closer to completion.
Before people get too excited, however, activist groups like Lambda Legal and the ACLU are cautioning queer couples not to push too hard, too fast.
And the reactionary results, they say, could stop gay rights in their lavender tracks…
…Nine major gay rights groups asked couples Tuesday not to sue the federal government or other states to have their California nuptials recognized, saying that legal action could harm the marriage equality movement.
…
The [six-page] memo cautioned that the U.S. Supreme Court has traditionally refused to embrace major social change until many states have already acted and that the battle for marriage must be orchestrated strategically, state by state, court by court.“Bad rulings will make it much more difficult for us to win marriage, and will certainly make it take much longer,” the memo said.
Legal experts said the statement appeared to be an effort by groups who have successfully fought for gay marriage in California to maintain control of the litigation and reflected a fear that much of the rest of the country is not yet ready to embrace marriage for gay men and lesbians.
Basically, our nation’s Supreme Court will have to make a decision on how the rest of the states can and should deal with out-of-town marriage licenses.
How about we take this to the next level?
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The memorandum says marriage rights should be tackled first in state courts, and only in states with courts “that may be ready to do the right thing.”
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“Because so far, more marriage cases have been lost than won, taking on a principled but long-shot case and racking up more losses now just makes it harder to convince other courts and legislatures,” the memo said.
If more states can be swayed gay – and the Supreme Court’s roster changes – then marriage activists will have an easier time pleading their case. If more states come out against same-sex nuptials, however, those voices will dominate the judicial stage, putting the social conservatives on top. A greater nightmare, we can’t imagine…
fredo777
That makes sense. If I get hitched, I won’t sue for recognition.
Qjersey
…and if you do decide to go home and sue for recognition, don’t expect any help from any of these groups. They have all refused to help LGBT people before because they didn’t think “it was the right time,” “it was gonna win.”
Some leaders, telling us, well you just have to wait. Yeah LGBT civil rights aren’t like civil rights for African Americans…because the LGBT leaders are more concerned about ‘their power’ and ‘respectability’ than they are about fighting the good fight and saying “enough is enough.”
Imagine MLK saying “well people you just have to wait until I give you the ok.”
Their strategy may be correct, however it comes off as patriarchical, hegemonic and very top down.
ggreen
All eyes will be on California Next Tuesday the 17th. If you want to get married in matching orange bridal gowns or Daisy Dukes with the ass cut out wait until next week, please. I know its everyone’s right to get married like the white trash in Las Vegas do (Elvis impersonators, topless bridesmaids etc.) but wait until next week, please. To many people this is a historical day in long struggle for equality to others it’s just another reason to get drunk and party.
Tom
The choice is between facts and feelings. Your feelings rightly tell you that everyone should have the right to choose a life long partner and share a marriage bond. But the facts should tell that gay marriage is not realistic in all parts of the country. Remember, 26 states have constitutional bans on gay marriage.
These groups are correct in trying to devise a national strategy. A national strategy was the exact approach implemented by the legal arm of the NAACP to bring strategic lawsuits to open the door for education, housing, and job euality for blacks. And remember, civil rights for blacks did not come overnight…slavery ended in 1865 but it was 90 years later to achieve the Brown v. Bd. of Educ. decision to prohibit separate but equal treatment in education. So, hopefully, people will think smart, study the facts, and not let feelings dictate the strategy.
Ultimately, everyone in the movement has the same goal…equal treatment, equal benefits.
jbran
QJersey, I know it’s an emotional issue, but black leaders during the civil rights movement did in fact prioritize the fight for certain rights. The importance of the right to vote was place before that of miscegenation rights. It’s not correct, but it’s the way our political system works. Sometimes you have to put one foot in front of the other.
CAm
HRC origionally tried to get couples to drop the lawsuits that eventually led to the right to marry in MA. They origionally told Gavin Neussom in San Francisco to not perform gay marraiges that eventually led to marraige in CA. They and other national groups never see the long term picture, they are scared of what the next 6 months brings. So, grassroots gays fought for marraige while HRC and other national gay groups tried to fight AGAINST gay marraige, and as THEIR main goal they have getting rid of DOMA and passing a full hate crimes bill. Gee, lets see, Grass roots gays 1, National Gay Groups 0. It’s just sad, that these groups are more concerned with political nuance than they are with our basic human right to exist and live as full members of society.
Charley
These groups also told Robin Tyler and others not to take the case to California Supreme court. It seems like these nonprofit C3/s are just trying to keep the fight alive, get money for power, and in due course after they have millions, they will take it to court. They all say about the same thing in their legal briefs. I don’t buy it. I am taking my protest to U.S. tax court and then to the U.S. Supreme Court without the help from anyone. Fuck these fundraising bureaucracies. They are afraid of the IRS, afraid their non-profit status will be yanked away from them.
If you want to give, give to http://www.equalityforall.com
kathleenk
I think the legal eagles are right about this one. We are at the tipping point and we need a national strategy. It sounds like common sense to me. I support these organizations so they can work for me. What I can do as an indvidual is make sure to talk to everyone. BTW I am a Californian and I am getting married in July.
Bookworm
I don’t trust anything the National profit oriented organizations like the HRC and Lambda Legal say. I used to give money to them until I saw that I was better of putting it on grassroots efforts and individuals who challenge these atrocious laws.
Charley
Robin Tyler and her partner hired Gloria Allred’s law firm, and that swayed the Supreme Court judges favorable decision, especially the great feminist judge. Had it been all gay legal groups, they probably wouldn’t have won over the justices. Most gay lawyers just don’t have a strong presence to influence judges. The lesbians are better. Allred’s media presence and on Larry King Show often makes a powerful statement. She makes news. LGBT groups don’t have that mainstream media entre.
M Shane
The legal logistics of this issue are clear and irreftable.
Don’t be arrogant and cavalier: dancing out of step.(you trip over yourself and everyone else.The consequences may be immediately ok for people with enough money who just like to spend it : the result will be destructive for everyone. You may have the money to go to go to court , Charley but that’s uncommon and not in the interest of the majority.
Charley
M. Shane
If I keep quiet, I go to prison.
Charley
I don’t like non-profit groups dictating the actions of others and acting like the Pope. What if they are wrong as they have been in the past. I haven’t seen these groups acting human and with passion openly protesting “Equal Justice Under the Law” in Washington. They work as lobbyist with corrupt politicians and very little gets done. Anthropologist Margaret Mead said, “Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has”. The individual Rachael Carson wrote “Silent Spring” and it brought about the environmental movement.