Open Forum: Is the Federal Prop 8 Challenge Wise?

Once on opposite sides of a major U.S. court case Bush V Gore to determine the outcome of the 2000 presidential contest, Ted Olson and David Boies are now filing a federal challenge over the courts ruling on proposition 8.

The two attorney powerhouses are arguing that prop 8 violates the U.S. constitutional guarantee of equal protection and due process and maintain that federal courts will recognize sexual orientation as a suspect class that must be protected nationwide.

Below is a video of Ted Olson and David Boies discussing their case and plans with CNN's Larry King.


The loudest critics against this move are coming from those within the LGBT community. They are suspicious over Ted Olson who doesn't try to hide the fact that he is conservative. They also feel that there are not enough federal protections to have sexual orientation deemed a class that needs protection and don't believe they have the votes needed at the U.S. Supreme Court level to bring forth federal marriage equality. The activists and organizations prefer to take the state by state route, and feel that the Supreme Court issuing a ruling against same-sex marriage would set a very bad precedent for the movement.

What are your thoughts about this federal case for marriage equality? Regardless of the outcome should the push be made. Can we compare it to other civil rights struggles, where states refused to grant rights until mandated by the courts?