Expert testifying for Proposition 8 backers says gays are making political gains

SAN FRANCISCO — Proposition 8 supporters on Monday formally began their legal defense of California’s
ban on same-sex marriage, featuring a political science professor who
testified that gays and lesbians have made significant progress in
gaining political clout.

Kenneth Miller, a professor at Claremont McKenna College in Southern California,
was the first witness called by the Proposition 8 legal team, as the
plaintiffs put the finishing touches on their case earlier in the day
on Monday. Miller was called to testify in an attempt to counteract
last week’s testimony from Stanford University Professor Gary Segura,
a plaintiffs expert who insisted that gays and lesbians remain
vulnerable in the political landscape and need greater legal
protections against discrimination.

“I think there has been significant change,” Miller testified, referring to support for gay rights from the Democratic Party and many California politicians.

Miller also said newspapers and the entertainment industry support gay rights in the state, as do labor unions. And Silicon Valley
got its first mention of the trial when Miller noted that major tech
companies mobilized against Proposition 8 during the campaign,
including Yahoo, Cisco and eBay.

As with a host of disputes in the historic trial, Chief U.S. District Judge Vaughn Walker will have to resolve the conflict between the accounts of Miller and
Segura. That conflict is relevant because one of the central arguments
in the trial is that gay and lesbians are vulnerable in the political
landscape and require extra legal protections as a minority group
exposed to discrimination.

The trial, now in its third week, resumes Tuesday with what may be the last day of witness testimony in the legal challenge to California’s
2008 voter-approved ban on the right of same-sex couples to marry. The
defense also plans to call an expert who is expected to testify on the
importance of procreation to marriage, a central argument for
Proposition 8 supporters.

There also is a possibility the defense may call Frank Schubert, the campaign manager for the ballot measure. Lawyers for same-sex couples have asked the judge to exclude his testimony.

Miller did not spend an entirely comfortable day on the witness stand after plaintiffs lawyer David Boies began to cross-examine him. Boies challenged whether Miller should even
qualify as an expert on the topic of gay political power, and hammered
away at him with questions about his lack of research on the subject.

Boies and Miller also sparred on whether Proposition 8 discriminates against gays and lesbians.

Meanwhile, the plaintiffs officially rested their
case Monday, introducing a host of documents and video clips, primarily
gleaned from the Proposition 8 political campaign. Much of the material
was related to Ron Prentice, a leader in the campaign who again revealed a heavy connection to the Mormon Church and other religious figures in pushing the initiative.

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