Remember the big post-election protests by the No on 8 side after the victory of Prop 8, the California initiative to ban same-sex marriage? They were followed by efforts on the Internet to harass individual donors to Prop 8. There were boycotts of the businesses of Prop 8 supporters and attempts to cost Prop 8 supporters their jobs. These tactics represented a strategic blunder by supporters of marriage equality.

The protests are over now, but the damage continues. Don't agree? Consider this federal lawsuit (the complaint is here) filed by same-sex marriage opponents -- that is, backers of Prop 8. They are challenging the constitutionality of California's rules requiring the disclosure of full names and addresses of those who donate to ballot initiatives. The claim? That the disclosures allow opponents to harass donors and thus put their safety at risk.

The lawsuit is more political than legal -- the legal theory is novel and thus unlikely to gain much traction. But the Prop 8 supporters know that the over-the-top post-election tactics of Prop 8 have become a political vulnerability for same-sex marriage supporters. The lawsuit will keep those tactics in the news.