05/28/09 AP (posted to Riverside-Enterprise Press):
This article concerns the federal lawsuit against Prop. 8 and the federal DOMA, Smelt v. U.S.A. It might be considered a predecessor to Perry v. Schwarzenegger, which David Boies and Theodore Olsen filed last week to challenge Prop. 8 under the 14th. I am not surprised to learn that "some gay rights groups have tried to make [the Smelt] case go away claiming it's badly written and other challenges may stand a better chance. They fear a poorly drafted or argued case could result in an unfavorable ruling in the U.S. Supreme Court." But they also fear that a well-drafted, expertly argued case - like Perry v. Schwarzenegger - may have no better chance of success, and by its failure may do more immediate harm to same-sex couples than good.
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