This week in Comment, Amy Davidson writes about the Perry v. Schwarzenegger case and asks the question, “Who is hurt by gay marriage?” She will be live-chatting with readers today at 3 P.M. E.S.T, so join in, or leave a question for her now.
An excerpt from her piece:
“Not all supporters of marriage equality are happy about that prospect. They want to get married in a proper way—with the support and approval of friends and neighbors. Before Perry v. Schwarzenegger, Lambda Legal, an advocacy group, had been conducting a careful campaign in state legislatures and courts. (Same-sex couples can now marry in five states and Washington, D.C., and public opinion has shifted markedly.) As Margaret Talbot wrote in this magazine, many activists were wary of the federal case and of the lead lawyers, Theodore Olson and David Boies. If they got to the Supreme Court before the ground was prepared, might there be a precedent-setting loss? Would a victory premised on a judge throwing out a referendum feel legitimate—especially if the opposition didn’t even get to appeal?
But the technicality presented by standing isn’t just technical. It raises a larger issue. If Prop. 8’s proponents don’t have standing to sue, then who does? Who is hurt by gay marriage?”