However, other legal experts question the timing of the California lawsuit. Cruz was one of them. "I was concerned this was being pushed too early in the struggle for marriage equality," he said. He noted that in the 1950s, the Supreme Court refused to strike down laws against interracial marriage, even though it had declared school segregation to be unconstitutional. The justices waited until 1967, when more than two-thirds of the states allowed blacks and whites to marry.
Several California law professors who said they supported gay rights worried about a 9th Circuit ruling that broadly endorsed same-sex marriage.