Jul 14 2009

In May, many of us in the LGBT community were stunned that prominent legal icons David Boles and Ted Olson would join together to challenge the passage of Proposition 8. For me personally, it was a daring and brilliant move that could have incredibly good consequences down the road in a number of ways. The newly formed group of committed and clearly innovative activists called the American Foundation for Equal Rights pulled this surprise that has led to Perry v. Schwarzenegger.

Justice Now before announcing this broad stroke of genius both legally and public relations wise, our existing groups were consulted and urged to become part of the effort. For some reason that I don't understand even now, they reacted strongly against the suit. Not only did they not join ranks with this innovative team, they attempted to derail the suit. Instead of just saying they wished this new team well but they intended to follow a different strategy, they went out of their way to damage the case. Within hours of the announcement, they had almost every major national organization condemning the Foundation, the legal team and the strategy. Without going into detail about their insulting, offensive and often patronizing words, let it suffice to say, it was not pretty. Nor, might I add, was it necessary for them to attack in this vein

The American Foundation for Equal Rights proceeded with a calm demeanor, ignored the charges and put the extremely talented Boles and Olsen to work. Despite the rancor, they responded in their press conference with a very clear and concise explanation while they were proceeding with the case, appearing on "Larry King" on CNN so the entire community had access to their logic and immediately got to work. It was impressive to watch such professionalism.

After failing to stop the case and discredit it in the public eyes, the national LGBT legal organizations were not content to leave well enough alone. Seeing that increasing popularity of the case in the community, organizational egos apparently took over. Suddenly they decided they had to muddy the waters by filing to be interveners in the case without felt that the LGBT national groups vehemence against the case could hurt them in court, publicly and prolong the time to get a decision. Nevertheless, even when filing the to be interveners, Matt Cole of the ACLU was quoted publicly in an AP story: ACLU attorney Matt Coles said the groups filed their arguments reluctantly because they still believe federal court is the wrong forum for their fight.

That is exactly the kind of spirit we don't need in this case. If you don't believe in it, don't join it. It is that simple. Don't cause needless delay, counter messages to the press and incite judicial chaos because the forces for equality passed you on this one. After blasting the case, don't come in uninvited and insist that people pay attention to you. Not only is it is wrong, it is an embarrassing ego trip.

In a letter to the groups that file to be interveners, the Foundation outlined the possible consequences of its involvement at this stage. Here is an excerpt from that letter and it should tell each of you all you need to know why their behavior has been unacceptable.

But we cannot and will not support your motion to intervene. Your intervention would create a complex, multi-party proceeding that would inevitably be hampered by procedural inefficiencies that are directly at odds with our goal -- and the goal of Chief Judge Walker -- of securing an expeditious, efficient, and inexpensive resolution to the district court proceedings. As a result of your intervention, we could be mired in procedurally convoluted pre-trial maneuvering for years -- while gay and lesbian individuals in California continue to suffer the daily indignity of being denied their federal constitutional right to marry the person of their choosing. Such potentially interminable delay is antithetical to the values on which your organization was founded and for which you and your supporters have fought so tirelessly. Delaying equal marriage rights in California serves none of our interests.