Marathon Session Ends
Plaintiffs' Case
In Gay Marriage Trial
By Carlos Santoscopy,
from the Web, January 23. 2010
Plaintiffs lawyers in the gay
marriage trial taking place in San Francisco wrapped up their case Friday.
After the plaintiff's final witness endured more than 6 hours on the witness
stand, Chief U.S. District Judge Vaughn R. Walker told him, “You win the long
distance award.”
University of California at Davis psychology professor Greg Herek gave a full
day of testimony on the nature of being gay. Davis' UC bio states he is
“An internationally recognized authority on prejudice against lesbians and gay
men, hate crimes and anti-gay violence, and AIDS-related stigma.”
The trial is the first to challenge the constitutionality of a gay marriage ban
in a federal courtroom. Specifically, Proposition 8, the gay marriage ban
approved by California voters in 2008.
Lawyers in favor of gay marriage have argued that proponents of Proposition 8
approved the measure out of animus towards gay men and lesbians. The
defense says limiting marriage to heterosexual unions fosters a stable
environment to raise children.
The plaintiffs, a gay and a lesbian couple, each have been denied the right to
marry in California because of Proposition 8. Jeffrey Zarrillo, 36, has
testified that Paul Katami, 37, is the “love of my life.” Sanda Stiers,
47, said she fell in love with Chris Perry after being married to a man for 12
years without knowing she was a lesbian. She testified that she became a
plaintiff in the case because she wants to marry Perry. “I want the
discrimination to end and a more joyful part of our life to begin,” she said.
On Friday, Herek testified that being gay was most likely not a choice, and that
conversion therapy -– the controversial treatment that aims to alter the sexual
orientation of gay men and lesbians -– has “very limited” effectiveness and the
potential to harm individuals.
Lawyers arguing for Proposition 8 pressed Herek for an unequivocal definition of
what it means to be gay. They asked whether sexuality is “clear cut.”
“Do you agree that homosexuality is a multidimensional phenomenon?” lawyer
Howard Nelson Jr. asked at one point.
“That's what I think I've been saying for the last few hours,” Herek replied.
Nelson also attempted to suggest that plaintiffs Stiers and Perry had chosen to
be gay. He quoted from Perry's statement that after realizing she was
attracted to other women, she “adopted that sexual orientation for myself.”
“What she described here is she experienced this attraction as an enduring
pattern, and after recognizing this pattern in herself, she adopted [the gay
orientation],” Herek responded.
Proponents of Proposition 8 are clearly hedging their bets on the argument that
sexuality can be fluid. Therefore, gay people have the choice to return to
a heterosexual relationship. The plaintiffs, however, want to move the
argument that being gay is an immutable characteristic -– like race –- that
deserves legal protection.
Plaintiff's lawyers will likely rest their case on Monday and turn over the
courtroom to the defense.
The defense's portion of the trial will likely be short. Two-thirds of the
defense's original set of expert witnesses withdrew after Walker green lit a
plan to broadcast the proceedings to other courtrooms and the Internet.
Proposition 8 supporters appealed the ruling to the Supreme Court, which blocked
the broadcasts.
Judge Walker has said he will hear closing arguments at a later date, possibly
in February. Walker's schedule shows he is unavailable starting on
Wednesday.
|
