So yesterday the Plaintiff’s rested. However they went out with a bang… or at least as much of one is possible in a federal courtroom:
The plaintiffs’ attorneys closed their case by playing excerpts from two simulcasts that were broadcast to gatherings of evangelical voters during the Prop 8 campaign. These simulcasts were sponsored and paid for by ProtectMarriage.com, the official Yes on 8 campaign organization. In the portions shown, one speaker said, “The polygamists are waiting in the wings, because if a man can marry a man and a woman can marry a woman, the polygamists are going to use that exact same argument and they probably are going to win.” Another speaker referred to a man marrying a horse, and a third speaker compared the impact of permitting same-sex couples to marry to the 9/11 attacks.
The videos of these outrageous statements, made in a forum sponsored and paid for by the official Yes on 8 campaign, provided a fitting end to the plaintiffs’ case. It brought the focus back to the long history of demonization the LGBT community has faced in the public sphere– from the grim historical events described in Professor George Chauncey’s testimony two weeks ago to the themes of the Yes on 8 campaign, as shown in today’s videos and the highly inflammatory testimony of Prop 8 proponent Dr. Bill Tam. The plaintiffs have done an admirable job of laying out the case that Prop 8 was a product of the same kind of prejudice that has driven many other anti-gay laws throughout our nation’s history.
Which means today the Protect Marriage people started up their case. Which consisted of calling a professor they characterized as “an expert on the political power of gay men and lesbians in California and nationally” however I don’t think they did their research on this one:
In addition to offering a surprisingly superficial account of political power, Prof. Miller made several admissions that undermined his credibility as an expert. Under a withering cross-examination by David Boies, Prof. Miller admitted that, at the time of his deposition, he did not know how many states prohibited sexual orientation discrimination. He did not recognize many of the leading scholars on gay politics and history, and acknowledged that he had not read their work. He could not offer an opinion on whether gay people have more political power than African-Americans, even though much more of his scholarship has dealt with the African-American community than the LGBT community. He also declined to comment on the level of prejudice and negative stereotyping LGBT people face compared to other groups such as African-Americans or women. Prof. Miller did concede that lesbians must face more prejudice than other women, however, because they experience discrimination on the basis of both gender and sexual orientation.
Boies also questioned Prof. Miller at length about articles Prof. Miller has authored or coauthored that are critical of the initiative process. In fact, at times, it almost seemed that Prof. Miller might have been offered as an expert by the plaintiffs on the dangers of the initiative process. For example, Prof. Miller has written that initiatives violate the democratic norms of openness, fairness, and accountability and tend to preclude compromise and informed deliberation. When asked if he still agreed with those statements, Prof. Miller agreed that he did. He also acknowledged that initiatives are particularly troubling when they target disfavored minorities.
I really wish this had been broadcast, I’d love to see the faces of the Protect Marriage attorney’s as their case got torn to shreds…
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