Statement from NCLR Executive Director Kate Kendell on Today’s Ninth Circuit Ruling in Prop 8 Case

August 16, 2010

(San Francisco, CA, August 16, 2010) — Today, the Ninth Circuit Court of Appeals granted the Proposition 8 proponents’ motion to stay U.S. District Court Judge Vaughn Walker’s decision, which means that same-sex couples in California will not be able to marry while the case is on appeal. However, the Ninth Circuit put the appeal on a fast track and specifically directed that the Prop 8 proponents to address “why the appeal should not be dismissed for lack of Article III standing” in their opening brief.

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Statement from NCLR Executive Director Kate Kendell

 “Every additional day that couples must wait to marry again in California is painful, but despite the terrible disappointment for the many couples whose right to marry has been delayed yet again, today’s ruling includes another significant victory for our side. The court did the right thing by putting the case on a fast track and specifically ordering that Prop 8 proponents show why they have a legal right to appeal. This ruling brings us one step closer to ending the nightmare of Prop 8, and restoring full equality for all Californians.”


Ted and David’s Most Excellent Adventure

August 16, 2010

In the weeks leading up to the Proposition 8 trial, much was made in the media, blogs, and everyday conversations about the unlikely duo leading the legal challenge against the shameful California ballot measure that stripped marriage from same-sex couples.

The two, Ted Olson and David Boies, are an unlikely pairing on many levels. They are political adversaries, and famously opposed each other in Bush v. Gore. They are each high-powered and highly paid inside-the-beltway lawyers. Ted is a long-time darling of the conservative movement, a former U.S. Solicitor General and a founder of the Federalist Society. David is a Democratic Party insider and an advisor to a number of key Democratic leaders. And, finally, both are straight, and had no apparent prior interest or experience in lesbian, gay, bisexual, and transgender issues.

When the lawsuit was filed, the first question to each of them was, “Why?” Their eloquent statements in support of full equality for same-sex couples quickly convinced even the most dubious that their commitment was sincere. Their stunning trial presentation and utter evisceration of the arguments and witnesses of those supporting Prop 8 paved the way for the recent ruling by Judge Vaughn Walker, which methodically dismantled every tired and baseless trope ever trotted out for why same-sex couples alone should be excluded from the right to marry. The trial was a masterwork, the ruling a tour de force. As a result, the LGBT civil rights movement has jumped into hyper-drive.

This is a moment that happens in almost every major social justice movement. The community most affected, along with its closest allies, toils for years to secure key wins—measured in terms of formal equality, changing attitudes, and cultural shifts. In the past five decades the modern LGBT civil rights movement has made breathtaking advances in both law and popular culture. We have made these gains because we fought for them, and we have been joined by key allies: family members, neighbors, religious leaders, politicians, Hollywood, and business types.

All together, we have come very far. But every movement also needs a game changer – the key figure, or figures, who come, seemingly from nowhere, and step up to make our fight their fight. When that moment happens, it is something to behold. In the wake of the Prop 8 ruling, we heard the familiar hysterics from the same over-the-top folks who always show up to foam about the end of civilization. But for the first time in the wake of a major legal victory for LGBT rights, we are neither hearing nor seeing any of that from those in real political leadership positions, who have mainstream credibility. In fact, it seems eerily quiet—the noises we have heard from those quarters in the past are now muted and few. So it may be that Ted and David not only led the legal team that took down Prop 8, but may, just by being who they are, have muzzled some of the most powerful voices against us.

It remains to be seen how long this apparent detente will last. But for the moment, it seems cooler heads are prevailing. And just this week CNN released poll results showing, for the first time ever, majority support for the right of same-sex couples to marry. So maybe, just maybe, some of those who have been so quick to vilify us are being forced to think twice, simply because a man they respect, a colleague they admire, a long-time friend they look to for advice, has said, “That’s enough.” We aren’t the first and won’t be the last civil rights movement to benefit enormously from the involvement of unlikely allies, but as we savor the victory of truth over lies and reason over caricature, it is very nice to have Ted and David by our side.


Effort to Block Gay Marriage in Maryland Blocked

February 3, 2010

from the Baltimore Sun

Maryland lawmakers just rejected an effort to prohibit the state from recognizing same-sex marriages lawfully performed elsewhere.

Del. Emmett C. Burns, a Baltimore County Democrat and minister, had proposed that the state, which does not allow same-sex unions, pass a law explicitly declaring that such marriages are illegal, even when performed in another state.

read more


NCLR Urges President Obama to Stop Defending DOMA

January 29, 2010

Today, the Department of Justice once again filed a brief defending the so called “Defense of Marriage Act” (DOMA) in Gill v. Office of Personnel Development, a federal lawsuit challenging Section 3 of DOMA, which excludes same-sex couples from all federal benefits and protections given to heterosexual married couples.

A statement from Kate Kendell, Executive Director of the National Center for Lesbian Rights:

“Once again, President Obama and the Department of Justice missed an opportunity to acknowledge that discrimination against lesbian, gay, bisexual, and transgender people is wrong. The Justice Department is defending a statute motivated by animus, and continues to advance what we believe are insupportable arguments in defense of DOMA. Never before has the federal government refused to provide benefits to legally married couples, and there is no reason for doing so now. DOMA hurts families and serves no legitimate purpose. It is unconscionable that this Administration continues to defend this blatantly discriminatory law.”


Mexico City Mayor Vows to Defend Gay Marriage Law

January 29, 2010

from the Associated Press

Mexico City’s mayor says he will defend the capital’s gay-marriage law and insists the ordinance will take effect in March despite an appeal by federal prosecutors.

Mayor Marcelo Ebrard says the federal appeal on constitutional grounds is wrong. He says nothing in Mexico’s constitution prohibits same-sex marriage or adoption by gay couples.

read more


Live Chat: Prop 8 Trial Recap and Discussion with NCLR

January 28, 2010
Join NCLR Legal Director Shannon Minter and Senior Staff Attorney Chris Stoll for a recap and analysis of the Prop 8 trial. Join the live chat today at Pam’s House Blend at 5 p.m. Pacific/8 p.m. Shannon and Chris have been in the courthouse everyday, live tweeting, and providing daily summaries and legal analysis of the proceedings.
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Day 12

NCLR’s Legal Director Shannon Minter on Perry v Schwarzenegger Proceedings, Day 12

January 27, 2010

cross-posted from Pam’s House Blend

Today was the final day of testimony in Perry v. Schwarzenegger. Like every day before it, today was remarkable.

The majority of the day was spent on finishing up the cross-examination of David Blankenhorn, an expert witness for the defendants. As he did yesterday, renowned attorney David Boies absolutely nailed the examination. Blankenhorn did nothing to help himself, fighting Boies’s yes-or-no questions at every turn even when Boies was simply laying a basic foundation with uncontroversial points. Blankenhorn’s defensive behavior verged on the histrionic, contrasting sharply with Boies’s calm, matter-of-fact approach. At one point, Judge Walker stepped in and instructed Blankenhorn to keep in mind that a fact-finder, meaning a judge or jury, can consider a witness’s demeanor when deciding how credible that witness is and how seriously to take his or her testimony. Although Judge Walker delivered it with great diplomacy and tact, this was a fairly sharp rebuke.

On cross, Boies established a couple of key points that gravely undermined Blankenhorn’s authority as an expert on marriage. First, Boies elicited testimony that Blankenhorn had not read many leading scholarly articles addressing the question of how society would be affected by allowing same-sex couples to marry. For example, of the dozens of articles cited in policy statements supporting marriage equality for same-sex couples by leading professional organizations, Blankenhorn admitted that he had read scarcely more than a handful.  In contrast, all of the plaintiffs’ expert witnesses were demonstrably well-versed in the entire range of scholarly literature on the topics about which they testified.

Second, Boies elicited extensive testimony from Blankenhorn acknowledging that permitting same-sex couples to marry would “almost certainly” benefit those couples and their children.  Blankenhorn also testified that  the most important dimensions of marriage (as defined by Blankenhorn in one of his publications) are the same for same-sex and opposite-sex couples.  In short, by the end of Blankenhorn’s cross, his own testimony had provided multiple powerful reasons to permit same-sex couples to marry, and his opposition to marriage equality seemed virtually inexplicable.

It has been an amazing two and a half weeks.  This trial has been a truly historic moment for our community.  It is the first time a federal court has heard, first hand, from real live witnesses, about the harm that the denial of marriage equality causes lesbians, gay men and their families every day.  It’s also the first time a federal court has heard the arguments in favor of marriage equality presented live in court by an array of internationally renowned scholars who are truly experts in their respective fields.

What stands out the most after having seen all the witnesses on both sides is how overwhelmingly one-sided the evidence in this case turned out to be.  The plaintiffs, represented by some  of the most skilled attorneys in the country, laid out a well-crafted, meticulous case, backed by the testimony of half a dozen of the most respected historians, psychologists, economists, and political scientists who study marriage, sexual orientation, and child development.  Using the Prop 8 proponents’ own outrageous and inflammatory words, ads, and emails, the plaintiffs powerfully demonstrated that Prop 8 was a direct product of hostility, fear-mongering, and demonization of lesbians and gay men.  And through the deeply moving testimony of the plaintiffs and other members of our community, they proved beyond question that denying same-sex couples the right to marry causes great harm to LGBT people and their children.

Stacked up against this mountain of facts, scholarship, and science, the Prop 8 proponents – though represented by fine attorneys – were not able to come forward with a case of their own.  Before trial, they dropped nearly every witness they had planned to present and relied entirely on two poorly qualified, ill-prepared expert witnesses, neither of whom was able to establish that banning same-sex couples from getting married has any rational or legitimate purpose relating to procreation, child rearing, tradition, or any of the other justifications that have been offered in the past in support of anti-gay discrimination.  In fact, nearly all of the defendants’ experts agreed with the plaintiffs that marriage equality would benefit same-sex couples and their families in many real, tangible ways.

It should not have come as a surprise that the defense’s case turned out to be so weak.  As our executive director Kate Kendell is fond of saying, the arguments against marriage equality have always been “all hat and no cattle.”  This trial showed more powerfully than ever that there truly is no substance to the arguments of those who would deny equality to our families.  It has been extremely gratifying to see those arguments aired out in public, before a smart, independent-minded judge, in a way that’s never been done before.  It is a shame that the public was unable to see the trial in video, but the transcripts, available at http://www.equalrightsfoundation.org/our-work/hearing-transcripts/, are fascinating reading for anyone interested in learning more about this important chapter in our civil rights struggle.

Judge Walker will now take some time to review all the evidence that has been presented.  The lawyers for both sides will return to court in a few weeks (on a date still to be determined) to present their closing arguments


NCLR’s Legal Director Shannon Minter on Perry v Schwarzenegger Proceedings, Day 11

January 26, 2010

cross-posted from Pam’s House Blend

Today was one of the most dramatic days of the trial, with startling admissions by the proponents’ two expert witnesses: Professor Kenneth Miller, testifying about the political power of gay people, and David Blankenhorn, testifying about the purposes of marriage.

The morning began with the conclusion of David Boies’s cross-examination of Professor Miller. Boies confronted Prof. Miller with several of Prof. Miller’s own earlier writings, which were highly critical of the ballot initiative process and particularly highlighted the risk that majorities will use the initiative process to target minority groups. Prof. Miller admitted that ballot measures can, and have, drawn upon anti-minority sentiment. Indeed, one of Prof. Miller’s own articles cited Proposition 22, the California initiative prohibiting marriage for same-sex couples that passed in 2000, as an example of such an anti-minority initiative.

Following the conclusion of Prof. Miller’s testimony, the afternoon was taken up by questioning of the proponents’ final witness, David Blankenhorn, the president of a private think tank called the Institute for American Values. Blankenhorn is best known as the author of a book called Fatherless America, in which he argued that fatherlessness is “the most harmful demographic trend of this generation” and the leading cause of “our most urgent social problems, from crime to adolescent pregnancy to child sexual abuse to domestic violence against women.” Blankenhorn is also one of the most visible and culturally influential opponents of marriage for same-sex couples.

The Prop 8 proponents asked Judge Walker to accept Blankenhorn as an expert in marriage, fatherhood, and family structures. But as plaintiffs’ attorney David Boies quickly made clear in his initial questioning, Blankenhorn lacked the usual qualifications for an expert witness in those areas. He has a bachelor’s degree in social science from Harvard and a master’s in the unrelated field of labor history from the University of Warwick in Coventry, England. He has no academic affiliation and has never taught at a college or university, and he has authored only two peer-reviewed publications, neither of which addressed marriage for same-sex couples. Judge Walker permitted Blankenhorn to testify, but noted that he might have ruled differently if this were a jury trial.

Charles Cooper (the lead attorney for the proponents) led Blankenhorn through what seemed to be a highly scripted presentation. Blankenhorn argued that the concept of marriage as “a socially approved sexual union between a man and a woman” is a “universal” definition that exists in every culture. He said the primary purpose of marriage is to make it as likely as possible that children will be raised by their biological parents.

Blankenhorn testified that he is opposed to allowing same-sex couples to marry because, in his view, that would promote the idea that the purpose of marriage is to serve the needs of adults rather than children. He also claimed that permitting same-sex couples to marry will lead to reduced rates of marriage by heterosexual people, higher rates of divorce, and more children born out of wedlock.

Blankenhorn did not claim to have any scientific data supporting that belief. Instead, he argued that letting same-sex couples marry might contribute to the “deinstitutionalization” of marriage, which he defined (rather vaguely) as any change that weakens “the rules” of marriage. He testified that marriage is a social institution, like baseball, and that when the rules are changed, fewer people will want to play. Blankenhorn stressed that he could not be sure that letting same-sex couples marry would have that effect, but he feared that it would.

Blankenhorn also noted that he supports domestic partnerships for same-sex couples as “a humane compromise.” In the past, he explained, he had not given the issue of domestic partnership much thought. But after being challenged by Jonathan Rausch (a conservative gay author) in 2007, he concluded that even if providing domestic partnership for same-sex couples might also contribute to the deinstitutionalization of marriage, considerations of fairness made it worth the risk.

For the last hour of the day, plaintiffs’ attorney David Boies began what is sure to be a dramatic and grueling cross-examination. Repeatedly, Blankenhorn bridled at Boies’s questions and often refused to answer them, leading to several interventions by Judge Walker instructing Blankenhorn to respond. The bulk of the cross-examination is still to come tomorrow, but thus far, Blankenhorn has acknowledged that letting same-sex couples marry would be beneficial to the couples and their children. He also admitted that there are no studies showing that children of same-sex couples are worse off than children raised by heterosexual parents.

Tomorrow will be the last day on which evidence will be presented. Judge Walker has announced that he will then take a few weeks to review the evidence before scheduling closing arguments in the case.


NCLR’s Legal Director Shannon Minter on Perry v Schwarzenegger Proceedings, Day 10

January 25, 2010

cross-posted from Pam’s House Blend

Today was another exciting day as the Prop 8 trial heads into the home stretch. The plaintiffs finished their case today, and defendants got started with their first witness, Professor Kenneth Miller.

The plaintiffs’ attorneys closed their case by playing excerpts from two simulcasts that were broadcast to gatherings of evangelical voters during the Prop 8 campaign. These simulcasts were sponsored and paid for by ProtectMarriage.com, the official Yes on 8 campaign organization. In the portions shown, one speaker said, “The polygamists are waiting in the wings, because if a man can marry a man and a woman can marry a woman, the polygamists are going to use that exact same argument and they probably are going to win.” Another speaker referred to a man marrying a horse, and a third speaker compared the impact of permitting same-sex couples to marry to the 9/11 attacks.

The videos of these outrageous statements, made in a forum sponsored and paid for by the official Yes on 8 campaign, provided a fitting end to the plaintiffs’ case. It brought the focus back to the long history of demonization the LGBT community has faced in the public sphere– from the grim historical events described in Professor George Chauncey’s testimony two weeks ago to the themes of the Yes on 8 campaign, as shown in today’s videos and the highly inflammatory testimony of Prop 8 proponent Dr. Bill Tam. The plaintiffs have done an admirable job of laying out the case that Prop 8 was a product of the same kind of prejudice that has driven many other anti-gay laws throughout our nation’s history.

After the plaintiffs rested their case, the Prop 8 proponents called their first witness, Prof. Kenneth Miller, who is a professor in the Department of Government at Claremont McKenna College. He was offered as an expert on the political power of gay men and lesbians in California and nationally. Prof. Miller defined political power as the ability to get the attention of lawmakers. In support of his conclusion that gay men and lesbians have significant power, he cited the support for LGBT causes in California among allies such as the Democratic Party and organized labor, the number of LGBT elected officials in California, and the number of LGBT-friendly laws that have been passed by the California legislature in recent years.

This simplistic analysis contrasted sharply with the nuanced approach adopted by the plaintiffs’ expert, Professor Gary Segura, in his testimony last week. Prof. Segura emphasized that to understand a group’s political power, one has to consider not only the number of legislative victories or the number of elected officials, but also the broader context-including factors such as the incidence of anti-gay hate violence, the number of initiatives attacking the civil rights of gay people and our persistent inability to defend ourselves against them, and the long history of government-sponsored discrimination against gay people in employment, which continues to the present day in the military’s ban on openly gay servicemembers. This rigorous attention to detail was notably lacking from Prof. Miller’s testimony.

In fact, under Prof. Miller’s definition of power as the ability to attract any favorable legislative attention, it’s hard to think of any group that would not qualify as politically powerful. Certainly, neither race nor gender would be a suspect classification under the Constitution, since many federal and state laws prohibited discrimination on those bases before the United States Supreme Court held that women and racial minorities were sufficiently politically powerless to merit constitutional protection. In contrast, we still do not have a single federal law that prohibits sexual orientation discrimination, and, most states still permit employers to fire workers because of their sexual orientation. If Prof. Miller’s analysis were correct, no type of discrimination would be subject to heightened constitutional scrutiny.

In addition to offering a surprisingly superficial account of political power, Prof. Miller made several admissions that undermined his credibility as an expert. Under a withering cross-examination by David Boies, Prof. Miller admitted that, at the time of his deposition, he did not know how many states prohibited sexual orientation discrimination. He did not recognize many of the leading scholars on gay politics and history, and acknowledged that he had not read their work. He could not offer an opinion on whether gay people have more political power than African-Americans, even though much more of his scholarship has dealt with the African-American community than the LGBT community. He also declined to comment on the level of prejudice and negative stereotyping LGBT people face compared to other groups such as African-Americans or women. Prof. Miller did concede that lesbians must face more prejudice than other women, however, because they experience discrimination on the basis of both gender and sexual orientation.

Boies also questioned Prof. Miller at length about articles Prof. Miller has authored or coauthored that are critical of the initiative process. In fact, at times, it almost seemed that Prof. Miller might have been offered as an expert by the plaintiffs on the dangers of the initiative process. For example, Prof. Miller has written that initiatives violate the democratic norms of openness, fairness, and accountability and tend to preclude compromise and informed deliberation. When asked if he still agreed with those statements, Prof. Miller agreed that he did. He also acknowledged that initiatives are particularly troubling when they target disfavored minorities.

Tomorrow, Boies will continue his cross-examination of Prof. Miller in the morning, and the proponents then intend to call their final expert, David Blankenhorn, who is expected to testify about parenting by gay men and lesbians.


NCLR’s Legal Director Shannon Minter on Perry v Schwarzenegger Proceedings, Day 8

January 21, 2010

cross-posted from Pam’s House Blend

Today was another blockbuster day in the Perry trial, with more razor sharp testimony from Professor Gary Segura, followed by disturbing testimony by one of the official proponents of Prop 8, Dr. Hak-Shing William (“Bill”) Tam.

Yesterday closed with expert testimony from Professor Segura, an authority on political representation. The plaintiffs called Professor Segura to provide evidence that LGBT people lack sufficient political power to effectively protect their own interests through the political process. This will help to establish that laws discriminating based on sexual orientation, like Prop 8, should receive heightened constitutional scrutiny.

Professor Segura returned to the stand this morning for a long, drawn-out cross-examination by the proponents’ attorney David Thompson.  Thompson’s strategy seemed to be to ask questions addressing the ways in which LGBT people have made some political progress, as if any evidence of progress indicates that LGBT people do not face discrimination.

Despite repeated promptings from Judge Walker to move things along, Thompson presented Professor Segura with repetitive examples of celebrities, prominent politicians, religious organizations, and businesses that have expressed support for LGBT people.  On redirect (brilliantly conducted by Ted Boutrous of Gibson Dunn), Professor Segura demolished Thompson’s attempt to paint a false picture of LGBT people as politically powerful.  In a few short strokes, Professor Segura explained that it is meaningless to compare only the number of groups on each side, without looking at their size, influence, and ability to mobilize voters.  For example, while hundreds of churches opposed Prop 8, literally thousands supported it.  By any reasonable measure, Professor Segura explained, the Prop 8 proponents were able to garner a magnitude of support that dwarfed that given to the other side.

Thompson also asked Professor Segura a series of questions about stories of alleged violence against Prop 8 supporters, including a particularly sensational interview of one alleged victim by Bill O’Reilly.  This is part of the defense’s (absurd) effort to show that voters enacted Prop 8 for reasons other than bias against LGBT people.  On redirect, Professor Segura testified that it was “doubtful in the extreme” that any significant portion of the Yes on 8 vote was based on alleged violence against Prop 8 supporters.  He also testified that there were significantly increased rates of anti-LGBT hate violence in California in 2008, and that any meaningful analysis would consider the incidence of violence on both sides.

Thompson’s cross-examination displayed a surprising lack of knowledge regarding the current state of laws affecting LGBT people. Continuing his attempt to show that LGBT people have political power, for example, Thompson asserted that LGBT have had “great political success” securing adoption rights. Professor Segura corrected him, noting that LGBT people have in fact suffered recent setbacks in several states that have enacted discriminatory adoption laws.

In a powerful final statement, Professor Segura testified that to conclude that gay people have political power after considering all the relevant evidence – from the incidence of anti-gay hate violence to the national juggernaut of anti-gay initiatives would be the equivalent of “political science malpractice.”

After lunch, the plaintiffs called Dr.  Tam, an official proponent of Prop 8.  Dr. Tam, a leader in the Chinese evangelical Christian community, was actively involved in the signature gathering effort and the Yes on 8 campaign.

Dr. Tam originally intervened in this case as a party to defend Prop 8, but recently sought to withdraw from the case, claiming that he fears harassment from having his name publicly  associated with the trial. Judge Walker decided to defer any ruling on whether Dr. Tam will be allowed to withdraw until after his testimony, noting that “there have to be some consequences to joining a case, making the other party litigate against you, and then dropping out.”

David Boies examined Dr. Tam as an adverse witness, meaning that leading questions were allowed as in a cross-examination.  It was a privilege to see him in action.  At a speedy pace, Boies led Dr. Tam through a series of documents showing that Dr. Tam was a leader in the Yes on 8 campaign and that he coordinated his activities closely with ProtectMarriage.com, the official campaign organization.  Boies’s skilled examination, with its laser-like precision, kept everyone in the courtroom on the edge of their seats for much of the afternoon.

Boies’s examination focused on several highly offensive and inflammatory statements that Dr. Tam and organizations in which he is involved have made about homosexuality and the so-called “gay agenda.”  By the end of the day, Boies had offered powerful evidence that the official Yes on 8 campaign organization and its campaign manager, Schubert Flint Public Affairs, were well aware of Dr. Tam’s outrageous statements before the election.

Dr. Tam testified that he is the Secretary of an organization, 1man1woman.net, whose website states that “studies show that homosexuality is linked to pedophilia,” and that “homosexuals are 12 times more likely to abuse children.” Dr. Tam testified that, to this day, he believes those statements are true.  Dr. Tam acknowledged that another document he authored in support of Prop. 8 claimed that after winning marriage equality, LGBT people intended to “legalize having sex with children.” Dr. Tam also acknowledged saying, as reported in the San Jose Mercury News, “We hope to convince Asian-Americans that gay marriage will cause more children to experiment with the gay lifestyle, and that lifestyle comes with all kinds of disease.”

Boies wrapped up Dr. Tam’s testimony by establishing that the Yes on 8 campaign had a tightly coordinated public messaging policy, that the campaign coalition was well aware of Dr. Tam’s 1man1woman.net website, and that the campaign never asked him to take down any of the material on his website linking homosexuality with pedophilia.

It was clear by the end of Boies’s questioning that no matter how hard the official Prop 8 campaign might try to distance itself from Dr. Tam’s shocking anti-gay rhetoric and lies, Dr. Tam spoke as an official proponent who was also a day-to-day leader with real influence in the campaign.  Today’s testimony revealed the true face of the anti-marriage-equality movement, despite its current attempts to portray itself in a more moderate, media-friendly light. Those who actively campaign to deny equality to same-sex couples deliberately exploit the most vicious and false anti-gay stereotypes and create a climate of fear and hostility in which LGBT people are seen as less than fully human.

Tomorrow we will hear from Dr. Gregory Herek, an expert on sexual orientation, who will be the last witness for the plaintiffs.


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