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Gay Marriage Advocates Hope for Sweeping Supreme Court Ruling, Right? Wrong!

Publication Date: 
February 09, 2012
ABC News

Professor Jane Schacter gave her analysis on the likely strategy being employed by gay marriage activists. Her quote was featured in the following article on ABC News.

Hours after winning a landmark case in a California federal appeals court that struck down the state’s ban on gay marriage, lawyer Theodore B. Olson, who had filed a lawsuit against the ban known as Proposition 8, talked about the odds of the Supreme Court taking up the case.

“This issue will go to the Supreme Court, I think it will go to the Supreme Court in this case, ” he told MSNBC’s Rachel Maddow.


“When Olson and Boies brought this, there was a fear by some members of the gay rights community that you could get an adverse ruling in federal court that would slow political momentum and shut legal doors, ” says Jane Schacter, a professor at Stanford Law School.


“The Supreme Court rarely gets out that far in front of public opinion, and the court is wary of rulings that are likely to provoke a lot of backlash and opposition,” says Schacter. “The strategy by some advocates is to get more and more states to legalize gay marriage, and then go to the Supreme Court.”