HRC Blog

Prop 8 Trial Testimony Wrap-Up

Yesterday saw the final testimony in the Perry trial, with the continued cross-examination of defense witness David Blankenhorn.  Plaintiffs’ attorney David Boies continued his hard-hitting cross-examination and Blankenhorn was clearly frustrated by it, fighting Boies on even the most basic questions and drawing a rebuke from Judge Walker that his demeanor could be taken into account regarding the credibility of his testimony as an expert.  As we noted yesterday, Blankenhorn admitted on cross-examination that the children of same-sex couples would benefit from their parents being married and he also admitted that the key aspects of marriage are the same for both same- and different-sex couples.  To quote T.S. Eliot, this was how the defense’s case for Proposition 8 ends, “not with a bang but a whimper.”  After two and a half weeks of testimony, I must agree with the as-always excellent analysis of NCLR’s Shannon Minter, reported at Pam’s House Blend, that the most striking thing about the evidence presented was how one-sided it was.  You can take a look back at the trial transcripts and judge for yourself.  The plaintiffs presented both compelling expert and powerful personal testimony, and also established the true, discriminatory motives behind the Yes on 8 campaign.  While there’s no way to predict how Judge Walker will decide, or what will happen as the case moves forward through the courts, the trial has brought the case for marriage equality to more of the American people and, in that, has already helped move equality forward.    In a couple of weeks, Judge Walker will hear closing arguments from both sides and then deliberate.  We’ll let you know when we have an update.

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