During cross-examination that lasted far longer than defense testimony, Miller hesitated but eventually agreed with plaintiff attorney David Boies that same-sex marriage bans can be interpreted as discrimination.

Boies asked him if he could think of recent examples of discrimination against gays and lesbians after Miller said he was “aware there is ongoing discrimination in the United States.”

“It is fair to say that the restriction against serving in the military” is “official discrimination” that persists today and has led to gays being discharged, Miller said.

Read the rest of Susan Ferriss’s Sacramento Bee article here.