Bottom Left Politics

As kick-ass as it sounds at first, make no mistake;  the federal lawsuit filed by David Boies and conservative Ted Olson to overturn Prop 8 in California is a bad, bad idea.  Simple words in a simple blog cannot possibly capture the sheer stupidity of this move – or the sheer stupidity of certain members of the LGBT community in cheering this circus on.  It’s just a terrible, horribly misguided idea, and it’s going to blow up in the faces of LGBT activists and the community in general.

I say this as someone who desperately wants federal action on LGBT rights (especially marriage equality).  The state-by-state strategy is working, and we’re seeing very clear progress and experiencing very real victories, but it’s slow.  We’ve only knocked a few states out of the way.  We have practically the entire country to convince, and the only way we’re going to see full marriage equality for all LGBT Americans in this lifetime is through federal action.  Unfortunately, what these (right-wing, at least in the case of Olson) dolts don’t seem to realize is that the federal action the LGBT community needs lies in Congress, not the Supreme Court.

Let’s not forget where the LGBT community is right now.  It’s in a much better place than it has ever been in American history, but it still hasn’t won over the collective heart and mind of the nation.  There is a very real possibility that federal action – ESPECIALLY judicial federal action – could result in failure.  And let’s not forget what a lost Supreme Court case means.  In Congress, if something fails, we can always try again.  The Supreme Court is final.  A loss in the Supreme Court is detrimental.  It spells catastrophe.  If the Supreme Court rules that Prop 8 is valid, it will not only mean a lost court case, but the entire LGBT rights movement will be set back by years.  This is serious stuff.  And it’s not stuff to take lightly.  The Supreme Court is the real deal, and the precedent it establishes will be with us for a very, very long time.

Do Ted Olson and David Boies understand this?  They should, being the knowledgeable professionals that they are.  Do they care?  Are they people who should be in the driver’s seat of the movement for marriage equality?  Maybe they’re trying to do a good thing…I don’t know.  I can’t judge hearts.  All I can judge is strategy, and theirs sucks.

The LGBT rights movement needs to stay away from the Supreme Court for the time being.  Focus on the legislature, where Democrats control both houses (with a supermajority in the Senate, now that Franken is going to be seated).  And, in the meantime, keep going with the state-by-state strategy.  Stay away from the courts.  The LGBT community has a lot to win, but it has even more to lose.