Clearly most of us are assuming that the Supreme Court will throw the gays a bone on at least one if not both cases and so even if we don't get everything we deserve, we can at least say that we've made some "progress".
However, what if the worst case scenario happens? Are there any plans for a response? Our gay leaders in places like HRC seem awfully smug on this. But what if the SCOTUS shocks us with some horrible ruling that amounts to declaring gays are not equal, that we have no protection under federal or state laws and that gay marriage somehow violates the constitution?
What then? Can we finally have riots? What else can we do?
Even if we lose both cases, we won't lose anything
that we already had. The most that can happen is that full marriage equality is further delayed, but it is coming, by social change and not the courts. Refusing to hear Prop 8 and overturning the Federal portion of DOMA is the safest and likeliest route for the Court. They won't grant national marriage equality, but they'll leave the door open for a later SC panel to do it, hopefully
after Scalia and/or Thomas are gone.
I don't agree with [R1]. I think the court could theoretically declare that gays have no protected rights. This would mean that unless the Congress passes a new Amendment to the Constitution (not likely AT ALL), we would be really fucked.
I agree that this scenario isn't likely, but we absolutely should be organizing for a possible disaster. Almost nobody in California (including and especially the arrogant campaign leaders Lorri Jean and Geoffrey Kors) thought it was at all possible we'd lose on Prop 8 ... we did lose. And what was the response? EQCA, HRC, et al. held prayer vigils, denounced the anger in the gay community and essentially apologized for being gay. Is that what we should do again?
Yes... I'd love a good riot. Molotov cocktails for everyone