(San Francisco, California) Two gay California men will ask a federal appeals court this week to declare they have a right to marry under the U.S. Constitution, but heavyweights in the fight for same-sex marriage are sitting this one out because they think the legal tactic is misguided.
"We have been very active in trying to win the freedom to marry for same-sex couples," said Jon Davidson, legal director for the Lambda Legal Defense and Education Fund. "We think there is a smart way to do that and a less smart way to do that."
Lambda, the American Civil Liberties Union and other groups are waging their campaigns in the state courts of California, Iowa, Washington, New Jersey, New York and elsewhere, seeking rulings similar to the one that led to legal gay marriage in Massachusetts. The New Jersey Supreme Court heard arguments in February in a gay-marriage case and is expected to rule in the next several months.
The groups are withholding funding and other support for this case because a U.S. Supreme Court ruling at this juncture is a likely loser given the national consensus against gay marriage, and it's likely to set bad precedent, they say.
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