National Organization for Marriage’s Brian Brown will never be accused for being the sharpest knife in the drawer. However even he cannot possibly believe that his supporters are this stupid.

According to Brown, Same-Sex Marriage Activists Desperate to Avoid Supreme Court. The “proof” of his hypothesis?

The New York Times lets the cat out of the bag: “Many gay
rights advocates breathed a sigh of relief. They had long been wary of
the Proposition 8 suit, preferring a state-by-state litigation and
lobbying strategy over betting the farm on a case that was likely to end
up in the United States Supreme Court. Some said they hoped the
justices would now decline to hear an idiosyncratic case affecting a
single state.”

First of all, exactly who is avoiding the Supreme Court? If the inequality folks were so confident, then why did they choose to appeal to the 9th Circuit en banc rather than directly to the Supreme Court.

“Let the cat out of the bag?” So Mr. Brown thinks that the Times is in on strategy sessions? Really? Neither the New York Times nor gay rights advocates are making decisions about the direction of this case. Apparently, Brown missed the part where the Times goes on to explain:

The winning lawyers, on the other hand, have long maintained that their
ultimate destination is the Supreme Court, and it was not clear if they
would be content with a victory limited to California. They said they
would oppose a request for Supreme Court review, though perhaps not very
strenuously. 

“The Ninth Circuit’s decision is clearly correct, applying Supreme Court
precedent to the facts, and normally that would make it tougher to get
Supreme Court review,” said one of the lawyers, Theodore J. Boutrous Jr.
“But we recognize that this case presents exceedingly important
constitutional issues and that the Supreme Court is likely to take a
close look at a petition from the antimarriage forces. We’re ready for
whatever happens.”

The appeal to the 9th Circuit is a white flag. It signals that NOM and their allies are trying to delay, for as long as possible, the inevitable; That national marriage equality is now a foregone conclusion. The might as well be attempting to prevent the calendar from rolling over at the end of each month.

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By David Cary Hart

Retired CEO. Formerly a W.E. Deming-trained quality-management consultant. Now just a cranky Jewish queer. Gay cis. He/Him/His.