There are voices in the LGBT community that see “fear” and “defeatism” in not going back to the ballot in 2012 to overturn Prop 8. They laud Mainers who are gathering thousands of signatures for their own ballot initiative and seem to admire political activists who “have dusted themselves off after the last defeat and simply gotten back to work.”
It takes a special kind of out-of-touch leader to try something again and expect a different (or, at least, a permanent) result; it also takes a special kind of uninformed commentator to take a cursory look at all that Perry v. Brown has brought us and then think our preference for a legal strategy is defeatist.
In this second installment of a discussion on the benefits of focusing on the Perry litigation to end California’s ban on same-sex marriage, I would like to touch on what Perry has already done for us. Many of us may be legitimately frustrated with the slow pace toward an ultimate conclusion, but in so doing, we miss the victories along the way. If we return to the ballot in 2012, we cut that process short, leaving anti-gay precedent untouched and on the books.
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