American Foundation for Equal Rights

Keen News: Mid-day report: Day 11 Prop 8 trial

Except for one very brief outburst in the courtroom by a man who has been ranting on the streets of downtown San Francisco, the predominance of drama in the Proposition 8 trial Tuesday morning has been coming from the intense cross-examination delivered by David Boies.

The nationally recognized trial lawyer leading the challenge to the constitutionality of the California same-sex marriage ban in U.S. district court here could be said to have pulled out the wisdom teeth of the defense team’s first expert witness tooth by tooth.

By the lunch recess today, college professor Kenneth P. Miller’s views had also been challenged by counsel representing the state Attorney General and by District Court Chief Judge Vaughn Walker himself.

Miller, who was on the stand for a total of almost nine hours, was called by the legal team defending the Yes on 8 campaign to explain how gays are a politically powerful minority. Should the judge agree with that assessment, he would be able to demand of proponents only a simple rational reason for having Proposition 8 treat gays differently from straight couples when it comes to marriage licenses.

Read the rest of Lisa Keen’s article here.