On the final day of testimony, there were more contentious exchanges between plaintiffs' attorney David Boies and David Blankenhorn, president of the Institute for American Values. Boies was pushing Blankenhorn on his assertion that marriage is intended to facilitate sex between men and women.
The conversation then turned to whether sex between a husband and wife is essential to the definition of marriage. Boies joked about his somewhat clinical line of questioning: "I don't want to fall into the trap of making sex boring." Blankenhorn responded, "Well maybe together we can." Riotous laughter erupted in the courtroom. After it settled down, the defense witness laughingly added: "No insinuation."
Moments later, Boies asked, "Are you aware of marriages where couples do not have sex?" Blankenhorn pondered the question and then said, "I was going to answer "no" -- at which point a female reporter in the media viewing room stood up and said, "Are you kidding? That's why I got divorced!"