Federal Prop 8 Trial Update

Ok, so the prosecution (our side) rested yesterday. That means the defense called their first witness. Let me tell you something- it was a circus. Prof. Kenneth Miller (pictured right) from Claremont McKenna College (California) is his name, and he claimed to be an expert on gays and lesbians. David Boies (one of our attorneys) destroyed not only his testimony but his credibility as well. Miller admitted that gays are discriminated against, especially with Don't Ask, Don't Tell. He did his best to distance himself from saying that the Defense of Marriage Act is discrimination, but he failed to do so. This "expert" also knew barely any LGBT history, and he got most of his "research" on LGBT legislation from the Human Rights Campaign website. He also wrote in an article about how voter initiative drives (which Prop 8 was) violate the democratic norms of openness, fairness, and accountability and tend to preclude compromise and informed deliberation.

Here are a few excerpts via Prop 8 Trial Tracker:

Boies: Have you written any peer reviewed articles on the power of gays and lesbians?
Miller: Depends upon your definition?
Boies:Of what?
Miller: Of power of gays and lesbians. I’ve written that French article.
Boies: Other than that French article as you referred to it, have you written any other peer reviewed articles about power of gays and lesbians?
Miller: No.


Boies asked Miller if he knows what he is talking about on gay power via elections.

Miller: I don’t know because it’s difficult to think about either the numerator or denominator with respect to the number of lesbians and gays who have been elected to office.

Boies: You know that not one gay or lesbian has ever been elected to statewide office in history?

Miller: Yes. That’s true.

Boies: So whatever the denominator is, the numerator is zero (holds up hand and puts hand in shape of zero).

Boies: Did you ever use the term LGBT in any or your writings or your deposition?

Miller: I don’t recall.

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