As gay marriage advocates battle through the courts for the legal right to wed, a split has emerged over the best strategy to win.
Two gay California men plan to 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 state courts in California, Iowa, Washington, New Jersey, New York and elsewhere, seeking similar rulings to the one that led to legal gay marriages in Massachusetts. The groups are withholding funding and other support for this case, saying a U.S. Supreme Court ruling is a likely loser given the national consensus against gay marriage, and it would to set bad precedent.
Details here from the AP via FindLaw.com.