Tom Goldstein has a post at SCOTUSblog entitled “Lawyers as heroes or goats in fight over same-sex marriage.” He talks about how strategic decisions by lawyers in the same sex marriage lawsuits could have ramifications for the rights of gay people for the next couple of decades.
I’m a proponent of marriage equality, and I’m hopeful that the Supreme Court will side with the bulk of Circuit Courts that bans on marriage equality are unconstitutional. But, my opinion as an armchair lawyer is that the more strategically sound course of action would have been to take the 6th Circuit panel opinion – which upheld same sex marriage bans – to the 6th Circuit en banc. First of all, there is a decent chance the full court would have reversed the panel. Secondly, I think time is on the side of marriage equality proponents. In my opinion, the longer it takes to get to the Supreme Court, the more likely a favorable outcome.
But, I suppose it’s easy for me to sit back and advocate for a more gradual pace. There were no legal impediments to me marrying the person I love.