It’s hard to offer detailed summary of what was presented in court when so little substance actually came forth. I have to say, Boies is amazing at what he does. I can’t say as much for opposing counsel nor their “expert” witnesses.
This morning continued the cross-examination of Dr. Kenneth Miller. We learned that he does not know why psychiatrists, psychologists, university professors, or legal associations support same-sex marriage. He does know that religion led people to vote for Prop 8. We also learned that he has written at length about how voter initiatives enable discrimination against minorities, and that when minorities’ rights are restricted, their only recourse is the courts. He also admitted, as the LA Times repeated in their headline this afternoon, that prejudice helped pass Prop 8. Interesting!
Then we met Mr. David Blankenhorn, founder of the Institute for American Values. (Apparently, they do their own internal peer reviews. I don’t like how he throws the word “scholarly” around so much.) He’s not an expert in anything he was testifying about, and Judge Walker admitted as much, but still allowed him to testify. Given how the defense had trumpeted his “research,” the judge was probably just curious to see what this guy is made of. We learned that it’s not much.
After citing a lot of old studies and talking about the deinstitutionalization of marriage (whatever that means), Blankenhorn told us that none of those studies actually even referred to same-sex marriage. I think this quote sums up Blankenhorn’s “expertise”: “I did not know that every view I expressed had to be linked to a document I relied upon.” One thing he did tell us that seemed informed is that “same-sex marriage would be likely to improve the well-being of gay and lesbian households and their children.” Fancy that!
Truly, you should read the transcripts of Boies’ cross-exams. It’s riveting stuff. Rick Jacobs’ occasional editorial comments as he liveblogs on P8TT are quite enjoyable as well. There will be more in the morning, but then the proceedings will be over for a while until Judge Walker reconvenes for closing arguments.
By the way, if you’re curious to see how desperate the defense is getting, you should see how pathetic Andy Pugno’s post was after yesterday’s proceedings. Click here to see my analysis of it. I’m sure we’ll see more of that after today’s proceedings!
Here’s your roundup of the coverage! I’ll keep it updated throughout the evening!
Shannon Minter (NCLR): Day 11 Recap
San Francisco Chronicle: Gays have political power, Prop. 8 defense says
Huffington Post (AP): Proposition 8 Trial: Defense Witness Says Gays Face Job Bias
New York Times: Same-Sex Marriage Case, Day 11: Churches
Wall Street Journal: Witness Assails Gay Marriages (They’ve got a sharp-looking interactive map, but it’s nothing new.)
LGBT POV: CA Congressmember John Garamendi on Prop 8 trial (An ally acting like an ally!!)
So, I cited Reuters yesterday, and I found another article today, but it mentioned nothing about any of the cross-examinations! It just said what the witness said under direct exam. So, I’m not going to cite Reuters anymore. If they’re going to ignore a significant portion of what takes place in the courtroom, they’re not worth linking to.
To round out the day, here are a few more Protect Mawwiage tweets. They didn’t say much today… maybe they thought the witnesses were hurting their own case enough as it is. I do like that they mentioned the guy who caused a small disruption this morning.
I noticed today that on ADF’s page full of info on the trial, they’re now linking to the official transcripts! I’m impressed! I hope they’re readers take a look and start to see through all the spin!
As always, the transcripts and all my past coverage can be found on the Perry v. Schwarzenegger archive!