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Posts for August, 2010

Appeal fears

Timothy Kincaid

August 16th, 2010

Some of those who were closely watching Perry v. Schwarzenegger are now concerned about the prospect of going to the Supreme Court and possibly losing big. And that fear is not coming only from our community; anti-gays also have some who advise to quit now.

Right Wing Watch has transcript of a conversation between the WallBuilders’ David Barton, and the AFA’s Tim Wildmon and Marvin Sanders:

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.

This appeal really is a high stakes game.