Archive for "Jan, 25 2010"

Day 10 of the Prop 8 Trial: Kenneth Miller Doesn’t Know

The byline of this post pretty much sums up the afternoon. Boies grilled the defense’s witness, Dr. Kenneth Miller, and made it clear just how much he doesn’t know. I joined my fellow #prop8 followers in posing the question, what exactly is his expertise? In direct exam, he just listed lots of allies that gays have, and under cross-exam he admitted he knows nothing and that DADT and DOMA are discriminatory.

And Boies isn’t done.

The extra links below on P8TT and Pam’s House Blend demonstrate a lot of the “explosive evidence” we saw this morning and demonstrate just how bad a witness Miller is for the defense. As always, I will update these links throughout the evening as more coverage comes in.

ZFb: ADF’s Mocking Quotes, Meet ZFb’s Mocking Italics, Some Day 10 Mid-Day Updates and Coverage: Children, Children, Children, Expert Witnesses and Academic Clout

P8TT: Complete Transcript Summary, Explosive evidence exposes Prop 8 campaign, How a Bad Expert Witness Can Ruin A Case

Firedoglake: Morning 1, Morning 2, Afternoon 1, Afternoon 2

Shannon Minter (NCLR): Day 10 Recap

Pam’s House Blend: Quotes from Prop 8 simulcast rally shown in court today exposes bestiality, incest, 9/11(!) claims

San Jose Mercury: Prop. 8 trial Day 10: Live coverage from the courtroom, Prop 8 trial: Professor says gays and lesbian gaining political clout

Keen News Service: Mid-day report: Day 10 Prop 8 trial, Yes on 8 expert contends gays wield coalition power

Los Angeles Times: Witness in Prop. 8 trial cites wide support for gays and lesbians

New York Times: Same-Sex Marriage Case, Day 10: Domino Effect

Wall Street Journal: Gay-Marriage Foes Make Their Case

Reuters: California gay marriage opponents argue no discrimination

Prop 8 On Trial: Plaintiffs close on controversial rally clips

LGBT POV: Geoff Kors: Prop. 8 Case: Progress on LGBT Rights Doesn’t Equal Equality

Good As You: Video: 7 on ‘8’ (Clips from the premiere of The Mormon Proposition)


Because today was SO heavy with tweets from ADF, here is some of today’s relief from Protect Mawwiage:

Court breaks into WE WILL ROCK YOU for pro #prop8 side. Cheerleading nuns put on show. Gays hissing or lisping, can’t tell. #protectmarriage

Evidence shows homoagenda includes construction of spacestation with ability to destroy a planet and/or families. #prop8 #protectmarriage

homoagenda: kids in ssm household growup with refined sense of fashion, music, art. Deprived of trad values like NASCAR, wifebeating. #prop8

noRT @ADFMedia: Don’t we have right 2 spread lies about minority groups we want 2 wipe from the face of the planet? #prop8 #protectmarriage

Homoagenda Evidence: Gays trying to find lost Ark of Covenant, giving their armies unstoppable power, awesome abs. #prop8 #protectmarriage

HomoAgenda Evidence: Gays trying to destroy marriage, bring back Lord Voldemort. #prop8 #protectmarriage

@ADFMedia @Nomtweets Guys, have idea: Maybe if we did nice things, weren’t such assholes people might like us more? #prop8 #protectmarriage

Gays adored by dogs, cats, single women. Clearly no longer discriminated against. #prop8 #protectmarriage

!HomoAgenda Alert! Gays have top secret time-traveling island, experimenting on polar bears, gay smoke monsters. #prop8 #protectmarriage

!HomoAgenda Alert! Gays form alliance w/Decepticons. Now able to disguise themselves as normal everyday people. #prop8 #protectmarriage

You can always check out the Perry v. Schwarzenegger archive for all the past coverage. I’ve also included links to the official transcripts there and will also link to the trial re-enactments when they’re available.

ADF’s Mocking Quotes, Meet ZFb’s Mocking Italics

Because the defense is now making their case, the Alliance Defense Fund and Protect Marriage twitter profiles are very active to show all the garbage their poorly informed “expert” is dispensing. They are rife with what I call the “mocking quotes,” quotation marks added to words or phrases to suggest they are not legitimate (“so called…”) or that they are deserving of mockery.

Below are various tweets just from today (Day 10) from @ADFmedia, and I shall using my mocking italics to clarify their “mocking quotes.” (If you missed my previous response to ADF on Twitter, you can see it here.)

Plaintiffs showing excerpts of DVD of seminars regarding same-sex “marriage.” #prop8

Yeah, what’s up with that? All them homosexuals keep trying to steal OUR word. Just because 18,000 couples got a piece of paper that said “marriage” doesn’t mean they got a REAL marriage. I mean, come on, it’s bizarre to even put “same-sex” and “marriage” in the same sentence. Who could understand such a thing? Those homosexuals can try to use our word, but we’ll make sure we clarify that it’s not the same as our word (even if it’s spelled the same and would mean exactly the same thing under the law).

Showed Bishop Jackson and other black pastors debunking idea that fight for SS’M’ somehow same thing as real civil rights strug in US #prop8

…And don’t think that Twitter’s character limit is going to stop us! Even abbreviated, we still want to make it very clear that your “marriage” is nothing like our marriage. Just ask Britney and K-Fed. We will always spare 2 characters to set ourselves apart from you homosexuals and your quest to destroy the fabric of society.

P’s intro’d doc of the American Anthropological Ass’n regarding “sexual orientation”… #prop8

…attempt to recover from inability on Fri of Dr. Herek (P’s “sexual orientation” exp) to estab immutability of sexual behavior. #prop8

What is this “sexual orientation” nonsense? Is it behavior? Is it identity? Is it attraction? Clearly you have no idea what you’re talking about, and neither does the American Anthropological Association. I mean, we are obviously smarter than the AAA and so are our experts, so just stop bothering with all those professional organizations, ok?

P’s moving to “final group of docs” they want to dump into evid. Re: evid used by #prop8 legal team to dismantle testimony of Dr Badgett…

…described as add’l docs from official website of govt. of Netherlands. Judge allows them into evid. #prop8

This is a bunch of crap. I bet they didn’t even read all those documents. They’re just trying to make it look like they have a lot of evidence against us, but it’s just a big stack of meaningless paper. We don’t even care what it says, but we’re trying to block it all because it just doesn’t look nice. Take your “final group of docs” and shove it, plaintiffs.

Money = very imp asset in US pol sys. ‘GLBT’ crowd been able to raise substantial funds to support causes #prop8

You all think you have some kind of group identity? You don’t even know how to define yourselves. Prove to us that you’re “gay” or “lesbian,” as you so like to call yourselves. We get to decide if you exist or not, thank you very much!

TONS of major corps support the “movement.” #prop8

It can only really be called a movement if it gets anywhere! Your “movement” is a joke, but we’ll make sure we do everything we can to stop it, because we know your secret agenda is to DESTROY MARRIAGE and RAPE ALL OUR CHILDREN!

In CA leg EQCA had victories re laws on housing, emp, pub ed, labor orgs, adoption, pub contracting, insurance, state-funded progs… #prop8

…biz servs, “hate” crimes, DP’s, and other things. ‘GLBT’ has had over 50 leg victories in CA. #prop8

Yeah, that’s right. Even though we still don’t think you actually exist, we’re going to point out that you’ve had all these victories [“victories”] to make it look like you’re awesome and we’re the victims. You cry about hate all the time, but how can people hate you when you don’t even exist? Besides, it’s not like we’re hateful. Anybody can oppose “people” who are “GLBT” without it being “hate,” don’t you know that? We said so. You should listen more. Open your minds.

Outside CA “GLBT” movement highly success w/ “hate” crimes laws, emp discrim that protect “sexual orientation” and “gender identity”. #prop8

And don’t think that you “trans” folks with your “gender variances” get off the hook. You aren’t really relevant to this whole traditional marriage case we’re building, but don’t forget that we don’t believe in you either.

Dr. Miller mentions “G and L Victory Fund” which is a powerful pol machine for election of openly “GLBT” candidates. #prop8

You know that big organization that you think you’ve had for like 19 years or something? Well, we know it’s a farce, but we’re just mentioning it because we think it helps our case. Remember, as long as we’re around, you’ll never see your precious “victory,” so just keep dreaming, suckers.

US Sup Ct: “political powerlessness” means inability to attract attention of lawmakers. “GLBT” community undoubtedly has this ability #prop8

Fancy legal term you got there. Too bad it has nothing to do with you and your fake identities. Why are we wasting our time making a big deal about things we can’t even prove exist? All we need is God to guide our way.

Some Day 10 Mid-Day Updates and Coverage: Children, Children, Children

Much of this morning’s proceedings was used to discuss various documents the plaintiffs wanted to admit to evidence. The defense dutifully tried to object, but almost all of it was admitted.

Among the documents were some videos demonstrating the way Proposition 8 was promoted. In the videos, various people testified to links with incest, pedophilia, and bestiality, with another suggesting that marriage equality would have the same cultural impact as 9/11. Many on Twitter today have made fun of the suggestion that a child of two women would not learn how to change the oil in a car.

The defense then called their first expert witness, Dr. Kenneth Miller, but not before Boies grilled him, challenging his “expertise.” As a personal comment, I must say that to suggest that gays and lesbians have political power because they ‘ran a good campaign” (despite the fact they lost) does not seem to credential him much for common sense. Here’s an excerpt from Boies’ voir dire (typos corrected):

B: You hold yourself out as an expert about the history of discrimination against G&L?

M: Not so much the history as the current time

B: Are you an expert on whether G&L experience discrimination today?

M: Yes I am

B: Last fifty years, are you an expert?

M: As an expert witness, I’ve learned a lot about it, and I could write an article now I imagine.

His testimony has mostly been to suggest that gays and lesbians have lots of allies and money, and that’s enough to consider them powerful. As a gay man, when I think about the rights I have, I definitely feel powerful because of the money HRC has and all the meetings they have with legislators. Wasn’t there supposed to be a DADT hearing this week?

Here are some other links to take a look at as the court goes on lunch break.

This first link is the AP story discussing this morning’s videos in more detail:

» Washington Post: Lawyers for plaintiffs rest case on gay marriage

Here are a few other posts about what to expect this week and also some more analysis of the “children” argument, which is central to this case. The video from Rob Tisinai below is particularly poignant and should be watched!

» LGBT POV: Preview of Monday’s Prop 8 trial

» Keen News Service: Prop 8 trial resumes today; defense to argue power and kids

» Prop 8 On Trial: Preemptive plaintiffs: Confronting the defense’s child argument

Here also is a lovely song called “The Proposition” from Heather and Chelsea Edgett, one of the 18,000 couples who married before Proposition 8 passed.

Expert Witnesses and Academic Clout

This is just a simple post that I’m not even going to offer commentary on. I just want readers to take from it what they will.

Compiled below is a list of the expert witnesses in the Prop 8 trial who are professors/researchers at institutions of higher education. I’ve included those the defense had called that withdrew but whose depositions have been included in the proceedings.

Just take a look at this simplified list of what they profess and where and compare.

The plaintiffs’ experts from universities:

M. V. Lee Badgett – Economics, University of Massachusetts Amherst

Nancy F. Cott – American History, Harvard University

George Chauncey – History, Yale

Gregory M. Herek – Psychology, University of California, Davis

Michael Lamb – Social and Developmental Psychology, Cambridge University

Ilan H. Meyer – Clinical Sociomedical Sciences, Columbia University (Mailman School of Public Health)

Letitia Anne Peplau – Psychology, University of California, Los Angeles

Gary M. Segura – American Politics, Stanford University

The defense’s experts from universities:

Kenneth P. Miller – Government, Claremont McKenna College

Katherine Young – Religious Studies, McGill University

Paul Nathanson – Religious Studies, McGill University

So where do you think higher education stands in terms of marriage equality?