Prop 8 Lawsuit Scares Gay Rights Activists

A group of gay-marriage proponents are risking everything in a winner-take-all federal case about to kick off in San Francisco—and many gay rights activists think it’s a foolish gamble. Two of the top appellate lawyers in the country—Ted Olson and David Boies—will be arguing The Big One: That the US Constitution forbids states to restrict gay marriage. But many gay rights activists fear the case is on a collision course with the right-leaning Supreme Court.

“When I try to count the votes in favor of same-sex marriage on the Supreme Court, I have trouble getting to one,” one law professor tells Time, while another calls the case “premature and ill-advised.” But the lawyers think they’ve got the timing right. “Our clients were made fully aware of the risks,” says Olson. “Someone was going to bring this case in any event—without the resources or experience we can assemble.”