Which would be the most effective way to move gay marriage toward acceptance in the USA: (1) Taking each state to court for discrimination based on sexual orientation or (2) Convincing each state legislature to permit gay marriage?
by 
NH Baritone
ANSWERS: 7
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I think option 1 would just anger people and not achieve the goal of acceptance. I vote option 2.
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I'd go for #1. I suspect that there are many states where the legislators are afraid to vote their own conscience but cater to the popular whim. Jurists, at least in theory, don't have to cater to the voters. I like to think that reasonable and educated minds can't differ on this...but there are plenty of apparently well-educated people who seem to oppose "gay marriage". To me, the family values argument is utter nonsense. And I'm not quite sure how anybody feels gay marriage will "destroy" or "hurt" the institution of marriage. After all, marriage is as much a state of mind as it is a creature of the law. Unfortunately we have laws that discriminate against unmarried couples, regardless of their gender. I do believe that litigation brought intelligently, might be the best way to open the door.
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#1 is the only answer. We don't have to beg people for our rights. We have them already, they are inalienable. It's just a mater of showing that the law does not currently recognize them.
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option 1, we pay our taxes, now dammit give us our freedoms and rights! We have to fight for our right!
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Actually, I would not do this on a state-by-state level, but get a case argued before the Supreme Court, so that it affirms the Constitution and equal rights as the law of the land. [But yes, I realize that to get to the Supreme Court, most cases have to be argued at the state level first.] Getting legislatures to permit marriages will only be a temporary fix, subject to the whims of the populace, which the Supreme Court is not subject to. Good question! +
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I feel number one just uses up tax dollars. Why don't you just let people call it a civil union? Most people with whom I have discussed it mostly object to the term "marriage", not to a legally binding contract. Myself, I'm happily married and am perfectly willing to let others be happily married. Whom they are happily married to is none of my business.
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Number 1 You can't convince someone to bend to your wishes as easily as you can sue them for discrimination.
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