Bilerico contributor Kate Kendell talked with the Dallas Voice about the chances of winning the challenge to Prop 8:
"We're going to lose," said Kate Kendell, executive director of the National Center for Lesbian Rights, one of the organizations that filed the lawsuit challenging Prop 8.
"I think it was very clear from the oral arguments that the court intends to uphold Prop 8," Kendell added. "I've never seen a court so unequivocally telegraph their thinking." [...]
Kendell also said that she expects the court to affirm the validity of the roughly 18,000 same-sex marriages performed in California before voters approved Prop 8 in November. But she said the decision to affirm the marriages "requires no courage" from the court because the law is clear on that issue.
Predicting court decisions is normally a "risky proposition," Kendell said. However, due to California's 90-day deadline, which sets it apart from most states, justices frequently make up their minds prior to oral arguments.
"On this issue, with this court, they seem almost to intentionally communicate how they're planning to rule," Kendell said. "The only way they can get an opinion out in 90 days is if there's already a draft opinion."
I suspect she's right, although we can always hold out hope.
So what's the strategy now, folks?