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.
Instapundit » Blog Archive » JONATHAN ADLER ON TED OLSON ON GAY MARRIAGE. Plus some further thoughts from Dale Carpenter. My ta… says:
[...] ADLER ON TED OLSON ON GAY MARRIAGE. Plus some further thoughts from Dale Carpenter. My take is similar to Dale’s, I think — I favor gay marriage and would enact it myself [...]
January 10, 2010, 8:13 pmThe Volokh Conspiracy » Blog Archive » The Impact of Litigation on Prospects for Gay Marriage says:
[...] co-bloggers Dale Carpenter and Jonathan Adler, I highly doubt that Ted Olson and David Boies will succeed in their case urging [...]
January 10, 2010, 8:40 pmMr. Olson Has Something To Say « Around The Sphere says:
[...] Dale Carpenter: 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. [...]
January 11, 2010, 3:23 pmProp. 8 lawsuit should be interesting - Orange Punch : The Orange County Register says:
[...] gay marriage is a conservative cause that should be supported for conservative reasons. Here and here are arguments from the Volokh Conspiracy law profs blog arguing that seeking marriage equality [...]
January 11, 2010, 7:32 pm