Week Two Ends, What's Next?

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After six hours of testimony from UC Davis psychology professor Gregory Herek on the nature of sexual orientation, attorneys representing two gay couples are about to finish their case. Friday afternoon was exhausting exercise, even for Judge Vaughn Walker who kept prodding the Yes on 8 attorneys toward an end to their questions. Demonstrating that sexual orientation is less than fixed, or immutable as they say, is critical to the defendants of Prop. 8 convincing this and future judges who review this case that Prop. 8 is lawful. So what’s left? Defense attorneys started out with a list of 22 possible witnesses [pdf]. That’s now down to just two. David Blankenhorn from the Institute for American Values will testify about marriage and children, and Kenneth Miller from McKenna College in Claremont will be an expert witness on political power of gays and lesbians. In a surprise Friday, the judge said he wanted to take a break once the witnesses are done testifying to review all the evidence. He’ll then call both sides back for closing arguments, presumably in February. Judge Walker intends to be an active questioner in the closing arguments – so maybe he wants to rest up.

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