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ACLU gay lawyer: Federal Prop 8 suit could backfire

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LGBT legal groups are very worried about a new FEDERAL lawsuit filed in California challenging Proposition 8 as a violation of the U.S. Constitution.

LGBT organizations long on the front lines of the marriage fight call this new federal lawsuit dangerously premature. They say the chances of success are too low and the stakes for LGBT people too high, if the U.S. Supreme Court is asked to rule on marriage equality … before more legal groundwork is done.

Matt Coles runs the LGBT Project at the ACLU. He calls this lawsuit a longshot, and warns that a loss could have disastrous consequences… far BEYOND marriage… and beyond California:

Coles: “If you go to the Supreme Court and lose, and lose in a decision where the Supreme Court says ‘Generally speaking there’s really no problem with sexual orientation discrimination as long as you have some conceivable, hypothetical rationale for it.’ Well if the court says that, we’re going to be torpedoed in parenting cases all around the country, we’re going to be torpedoed in schools cases all around the country, and were going to be torpedoed even in employment cases.”

This latest lawsuit was filed by two high profile attornies … David Boies and Ted Olson … best known for being on opposite sides of Bush v. Gore… the case that decided the 2000 Presidential election.

Now, the two are on the SAME side… arguing it’s a violation of the U.S. Constitution to deny full marriage rights to same sex couples.

The ACLU’s Matt Coles calls both men smart and well-intentioned, but he says this isn’t their area of expertise… and they’re being naïve.

Coles is part of a coalition of LGBT leaders pleading with other same sex couples NOT to file marriage lawsuits in federal court.

–Barbara Raab, National Legal Correspondent

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Written by OutQ News staff

May 28, 2009 at 5:21 PM

Posted in Uncategorized

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