On the eve of a federal Prop 8 trial in a San Francisco district court, Ted Olson is channeling Andrew Sullivan and Jon Rauch. I agree with almost all of the essay, which is nicely and powerfully argued, except the idea that it isn’t “too soon” to pursue this in federal court. An ultimate loss in the Ninth Circuit or the Supreme Court is both likely and would be deflating. But arguing now against this litigation is like arguing against the tide coming in.
UPDATE: Sorry I didn’t see Jonathan’s post about this below. I’ll close comments to allow commentary on that thread.
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