Why the ballot box not the courts should be the next step on marriage in California

Now that the California Supreme Court has refused to strike down Proposition 8, we need to go back to the voters. Since we lost Proposition 8 just six months ago, and since a ballot initiative to repeal is likely to require a huge investment in time and money, it is tempting to at least try a federal lawsuit first. But it’s a temptation we should resist. It is by no means clear that a federal challenge to Prop. 8 can win now. And an unsuccessful challenge may delay marriage even longer, not only in California but in other states, and seriously damage the rights of LGBT people on many other important issues.

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