The new Florida same-sex marriage lawsuit

seems to have some problems. “More than 170 gay men and women filed a lawsuit Wednesday challenging the Florida law prohibiting them from obtaining marriage licenses,” the news reports say. But my friend Michael Froomkin, who I believe supports gay marriage, points out that apparently (1) some of the litigants may not have realized they were signed on to a lawsuit, (2) the lawyer is the one who had apparently in the past “tried (and failed) to sell a jury on the ‘television intoxication defense,'” and “then years later tried the Internet intoxication defense” (at least give him points for creativity!) and (3) the lead litigants apparently “wore matching black T-shirts advertising their piano bar act” during their press conference. In Froomkin’s words, “this isn’t the sort of carefully crafted lawsuit with model plaintiffs that a smart lawyer would choose to mount what can only be an uphill attack.”

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