Professor Eskridge on Olson/Boies SSM Lawsuit

October 4th, 2009

Bill Eskridge praised Ted Olson for the Olson-Boies law suit. Olson came out of “conservative closet” to favor SSM. He encourages others, including Dick Cheney, to do this.

Best thing to do with Olson-Boies law suit is to stall. LAMBDA denied intervention in lawsuit.

Eskridge’s strategery- Delay law suit as long as possible, and revoke Prop 8 in 2012. Revoking Prop 8 would moot the lawsuit. If lawsuit proceeds to 9th and “finds” Constitutional Right. CA9 has poor record with SCOTUS. Olson thinks he can get Justice Kennedy’s vote. Eskridge not sure if the movement has Breyer and Ginsburg. If not mooted before 20102, not optimistic SCOTUS will find right.

Winning constitutional arguments is not end-all of social movements. Yale Law School should not fetishize SCOTUS. We should reject it. Best thing to energize LGBT movement and straight allies was Bowers v. Hardwick.

The more gay marriage is talked about, the better it is to talk about. Eskridge has no doubt he is right. SSM Marriage good for the children, for neighbors, for states, good for jobs, good for America.

Older generations set on LGBT issues. Identity tied to traditional understanding of marriage. Progressives ought ot understand that.


Professor Neil Siegel thinks Ginsburg is on board for constitutional right to SSM, not sure about Breyer. Siegel thinks we should not forget about SCOTUS between now and 2020. They can do a lot of damage between now and 2020.

Professor Eskridge

Professor Eskridge