The website Prop 8 Trial Tracker is publishing a range of comments on the question of whether it will be better or worse for the lgbt movement if the Supreme Court grants certiorari and rules in Perry v. Brown, the challenge to Prop 8. It has always amazed me that anyone would affirmatively want the Supreme Court to hear this case, and at least the first two posts make clear why. It would really be quite lovely, thank you, to let the Ninth Circuit opinion stand, with a decision that strikes down Prop 8 but doesn’t affect 40-plus other state laws. Perhaps this open forum is a subtle way of trying to deflate some of the gung-ho to the Supremes agitation that the Prop 8 team has fed. There is nothing wrong – indeed to do otherwise would be suspect – if the litigators in a constitutional challenge proclaim that they believe that the Supreme Court, other deities, and everyone else will agree with their position. But saying that is one thing. Ramping up a community demand for on-to-the-Supreme-Court when so much is at stake and the chances of victory there are so uncertain is something else. None of this will make a wit of difference to the lawyers, their egos, the decision of any court, or the ultimate outcome of the case. But it does have a cost. It is manipulative of a community that desperately wants vindication of a sense of equal dignity.
This online forum looks to me like an attempt to walk everyone back from the edge. Let’s hope the Supreme Court itself goes along with the plan.