Jack & Jill Politics

Not long after the Prop 8 vote in California, I wrote a post detailing some of the legal and political issues facing the gay marriage debate. In it, I stressed the need for increased dialogue as to the legal STRATEGY needed to successfully argue marriage equality in a conservative-leaning U.S. Supreme Court.

It basically centered around two subjects:

1. The Equal Protection Clause of the 14th Amendment; and
2. The Due Process Clause of the 14th Amendment

It’s a long post, but I encourage you to check it out:

“My 2 Cents on Prop 8 and Gay Marriage . . . A Call for Strategic Activism”

Long story short . . . there’s a strong legal framework to argue for gay marriage IF (and I stress the word, “IF”) supporters are willing to examine case precedent, push a strong outreach/education initiative and brainstorm political and, especially, legal STRATEGY to get from points “A” to “B”.

In case you haven’t heard, two well known attorneys from opposing sides of the 2000 Presidential Election are teaming up to construct a legal case FOR gay marriage. Attorneys Ted Olsen and David Boies fought each other during the 2000 Recount, but now they’re teaming up to challenge the constitutionality of Proposition 8.

As you’ll see, not everyone is in favor of this approach. The U.S. Supreme Court leans conservative. Judge Sotomayor’s appointment would not threaten the ideological balance of the Court since she’d be replacing a “liberal” justice. And part of a good strategy means properly gauging precisely when you’ve got enough political/legal leverage to make a successful challenge.

Is the Court ripe for a gay marriage challenge? Are the politics ripe for a U.S. Supreme Court case? Who’d be the swing vote on the Court? Should a challenge wait and hope for a shift in the ideological balance of the Court?

There are times when a landmark case needs a perfect storm to sway public debate and influence court opinion. Are we there yet???

There are a lot of questions, but it’s still interesting to see two legal minds come together on this issue.

Here’s a clip discussing the situation. Check it out: