The Costs Of Suing For Equality

by Patrick Appel

Dale Carpenter believes that the Prop 8 case thus far "been a setback for the cause of gay marriage as a matter of politics":

[T]he Perry litigation has sapped enthusiasm for a 2012 repeal of Prop. 8. Large donors, essential to any such effort, will not give because they expect that courts will hold Prop. 8 unconstitutional, bringing gay marriage back to the state and perhaps to the entire country. (And even if savvy donors don’t believe Perry will ultimately be successful in the courts, the existence of the litigation is a good excuse to hold off.) Why spend the money when courts may well take care of the problem? They have adopted a wait-and-see approach: we’ll see what happens and then consider whether to donate. Some of these donors have chosen to fund the litigation rather than a repeal campaign. Some are simply staying on the sidelines.

More commentary from SCOTUS Blog's marriage equality symposium is here.