LGBT rights: Perry vs. Schwarzenegger

The federal court challenge to California's proposition 8 has the potential to establish a strong precedent for equal rights for gays and lesbians or, conversely, to legitimize laws that discriminate against them. "Gay on Trial" over at The American Prospect provides an in-depth look at the risks and rewards of turning to the federal courts for resolution of the gay marriage issue:

The stakes are high. If Perry v. Schwarzenegger reaches the Supreme Court and Boies and Olson are successful, gays and lesbians nationwide would not only have the right to marry, they stand to gain many of the legal rights they have sought for decades. Don't Ask, Don't Tell would be invalidated, as would employment discrimination against gays and lesbians. In the eyes of the law, gay people would be equal to straight people, and any legislation that discriminated against them could be challenged and easily struck down against this precedent. However, defeat could legitimize such discrimination against LGBT Americans, making it far more difficult to sue for parental or housing rights. The door to any federal litigation on marriage equality would be shut for decades.