Proposition 8 proponents called witnesses to the stand Monday for the first time since the trial began two weeks ago.
On day 10, supporters of the ban sought to show through testimony that gays and lesbians are not methodically discriminated against.
According to Reuters, Kenneth Miller was called to the stand to rebut a plaintiff's expert who testified that gays were politically powerless.
Lest we forget, Miller is an associate professor of government at Claremont McKenna College, who was questioned about the political clout of gays and lesbians in the California and federal political systems.
District Judge Vaughn Walker said he would admit Miller's testimony after the defense sought to undermine his professional status, noting that in Miller's earlier deposition he did not recognize the names of individuals and organizations who pioneered the gay rights movement in the mid-19th century.
In order to attempt to make his case that gays and lesbians were not political underdogs, Miller testified that he was surprised by the "deep pockets" tapped by the same-sex marriage proponents during their "No on Proposition 8" campaign.
Asked by David Boies to provide examples of official discrimination against gays, Miller mentioned a federal law banning openly gay soldiers in the military. Under further questioning, Miller cited a federal law that defines marriage as an opposite-sex union, as well as Proposition 8.
"Looking at the institution of marriage, the state does treat heterosexual couples differently than same-sex couples," Miller conceded. But he said he did not know whether it pertained to illegal discrimination.
"It was striking to me the amount of money raised on both sides of the election," Miller said. "Forty-three million dollars was raised and spent by the opponents of Prop 8 which exceeded very large expenditures by the 'Yes on 8' Campaign."
"For a social issue, this is exceptional," he added.
Miller refused Boies' attempts to get him to say whether gays today suffer more discrimination than African Americans and women, categories that are strongly protected under the law.
Boies asked if he could he at least compare lesbians to heterosexual women. Miller responded that lesbians face greater bias than straight women.
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