Prop. 8 ruling draws attention to state's easy amendment process

Same-sex marriage activists looked askance when two high-profile lawyers, Theodore Olson and David Boies, announced Wednesday that they are challenging Proposition 8 in federal court. For the U.S. Supreme Court to rule in favor of a federal constitutional right to marry, it would have to reject the views of 44 states, 30 of which have constitutional amendments banning gay and lesbian nuptials, Davidson said.

Olson and Boies "believe they know a lot about the Supreme Court, but the reality is they have never done any lesbian and gay rights litigation nor even really any civil rights litigation from the plaintiffs' side," Davidson said.

Civil rights groups have tended to choose litigation carefully, starting with issues they think they can win to establish building blocks for matters of more consequence later on. The National Assn. for the Advancement of Colored People first attacked school segregation with a case against law schools, Davidson noted. They have tried to avoid cases that could set an unfavorable precedent.

For now, most activists would prefer to overturn Proposition 8 at the ballot box in 2010 -- a repeal measure could appear alongside the initiative to hold a constitutional convention.

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maura.dolan@latimes.com