The linked article from the New York Times is an especially good read for anyone who cares about the issue of same-sex marriage, but also, anyone who is interested in seeing progress on any lesbian, gay, bisexual, transgender or queer issue. It talks about two new lawsuits being brought against the Defense of Marriage Act (DOMA). Sometimes, activists are likely to think that a lawsuit is a lawsuit, and that’s about it, but in reality, each lawsuits are brought forward where they can shape and build a discourse in support of something. It isn’t simply the matter of the number of suits (although that isn’t unimportant) but rather, these suits matter because of the specific questions they pose and the details upon which they build a case. So, read the whole article. It is worth the few minutes it will take to read, and it is important to understand.

What I want to highlight  in this post however, is not the details of these suits, but rather the role of legal action in the LGBT Civil Rights movement. While some activists believe we simply need to be shouting and protesting, the reality is that our struggle against bigotry will only be won if we are fighting on multiple levels. That includes local actions, legislative advocacy, educational efforts, coalition building, protests, and legal actions. A failure on any of these fronts will slow our progress, and when activists get too hung up arguing amongst activists about “the right approach” the importance of the multi-pronged approach is lost entirely.

While the Prop 8 trial itself wasn’t broadcast, plenty of content from it has been published, and the appeals session was broadcast. What we learned from it is that lawyers work at getting entered into the evidence specific details and facts that create a paper trail and a foundation of evidence. This foundation of evidence is crucial as higher courts take up the appeals, because this is the material upon which they base their decisions. This foundation of facts deals with minute and sometimes complex points. Think of it in this way. The shirt I am wearing is a blue cotton shirt. That is like the issue of Marriage Equality. But if I start to look closer, I see all of these thin strands of individual threads that weave in and out of each other. Those threads are the individual facts and issues that the lawyers are working to express and solidify with evidence. If the lower level court cases are properly planning out and argued well, they each offer some portion of a larger body of facts and evidence that allow the higher courts to issue rulings.

A focus solely on court action however would be a risky approach, especially given the current Supreme Court, and the conservative activist judges there. Just like, looking for a purely legislative victory is unlikely, a purely jurisdictional victory is not practical. It might be able to happen, but it will take so long to happen! Additionally, a focus only on the courts with not enough cultural change is a failing strategy. Consider a woman’s right to choose. Even though Roe v Wade passed in favor of a woman’s right to choose, the battle is far from over, and this ongoing battle has been both dangerous and hurtful for many.

Activists who care about Same-sex marriage need to recognize the value of work on every front, and support the efforts by others in those regards. We must support the legal efforts, the legislative efforts, and also continue to change public opinion and affect cultural change if we want to see Marriage Equality in the future.

Lawsuits on Same-Sex Marriage Challenge Obama Administration – NYTimes.com.