Will The Right Sacrifice California to Save Marriage Amendments Elsewhere?

[WillParkinson]

Will The Right Sacrifice California to Save Marriage Amendments Elsewhere?

Earlier today I posted audio of David Barton talking with Tim Wildmon and Marvin Sanders of the American Family Association about his relationship with Glenn Beck, but now I want to highlight a more important piece of that discussion that occurred later in the interview when they were discussing the Prop 8 ruling.

All three were convinced that the case was eventually going to end up before the Supreme Court and that when it does, Justice Anthony Kennedy was going to be the deciding vote in favor of allowing gay marriage. As such, Barton revealed that there is some talk on the Right of not appealing or fighting the Prop 8 ruling and letting California have gay marriage in order to keep the case away from the Supreme Court and thereby saving the marriage amendments in all the other states:

Barton: Right now the damage is limited to California only, but if California appeals this to the US Supreme Court, the US Supreme Court with Kennedy will go for California, which means all 31 states will go down in flames, although right now this decision is limited only to California.

So there's an effort underway to say "California, please don't appeal this. I mean, if you appeal this, its bad for you guys but live with it, but don't cause the rest of us to have to go down your path."

Wildom: So you think the better situation here would be California not to appeal ...

Barton: Well, I'm telling you that that's what is being argued by a lot of folks now because the other Supreme Court attorney who watched this from afar said "on no, you left too many arguments on the table, you stayed technical." And now, knowing what Kennedy has already done in two similar cases to this and knowing that he's the deciding vote, the odds are 999 out of 1000 that they'll uphold the California decision.

If they do, there's not a marriage amendment in the country that can stand. And so the problem is that instead of California losing its amendment, now 31 states lose their amendment. And that won't happen if California doesn't appeal this decision. It's just California that loses its amendment.

http://www.rightwingwatch.org/content/will-right-sacrifice-california-save-marriage-amendments-elsewhere

[GodlessBiker]

1. Hmmm. Will the intervenors/proponents drop their attempt to appeal? It would be a ...

bitter pill for them to have to swallow.

[FreeState]

2. If its dropped I think Utah will have a case filed the next day

Originally I was thinking OR but the political climate there is similar to CA. If they file in Utah they are still in the 9th district and its a guarantee the government will appeal any ruling against them.

[closeupready]

5. Huh? The State of Utah has standing to appeal on behalf of the people of California?

I don't understand your post. Can you explain? thanks.

[ShadowLiberal]

6. I think he means that gays will sue in Utah to overturn their gay marriage ban

I believe what FreeState is referring to is the fact that Utah is also covered by the 9th circuit court. That means if gays in another state that court covers, such as Utah, also sue over the state's gay marriage ban being unconstitutional, then Utah won't just give up to save gay marriage bans everywhere else. It would probably be political suicide for the Utah Attorney General to give up on a case like this if it was his state fighting to defend their gay marriage ban.

[Kerrytravelers]

3. And as voters in those states realize that the states that do have Marriage Equality

haven't slid into the oceans, or burst into flames or any other wrath, then those voters will eventually catch up. And, remember, the younger generations could care less about one's orientation... and they're voting!

[Ian David]

4. And if California doesn't appeal, that should take it off the national GOP agenda for the next year.