June 16th: Prop 8 Closing Arguments
Perry vs. Schwarzenegger Judge Vaughn Walker has set June 16th as the date for the closing arguments. Hilariously, Protect Marriage now wants to suppress the damning testimony of their own witness. Via Prop 8 Trial Tracker:
But besides setting a date for closing arguments, Judge Walker set a date for the defense counsel to submit their motion to suppress at least part of Dr. Tam’s testimony. As you recall, Dr. Tam was the right-wing San Francisco minister who believed that his kids will turn gay if marriage equality was allowed to remain. We’ll find out on May 7th how much of the testimony they want stricken from the record, and what is their basis. Our side will have until May 10th to then file an objection.Although Walker is unlikely to render his verdict in time, I suppose there's a chance of a very big celebration come Pride.
So what happens if Dr. Tam’s testimony is taken out? Dr. Tam was powerful evidence that Prop 8 was driven by animus and a hatred of homosexuals, which would be enough to strike Prop 8 — even under the more lenient “rational basis” grounds set up in Romer v. Evans (1996.) But while Dr. Tam’s testimony is damning and it should be kept in, there was a whole lot of other evidence that our side presented. In fact, when it came time for the defense to produce their “experts,” there wasn’t a whole lot of reason they could provide.