Miller admitted he now knew many elements of hate-crimes and
antidiscrimination laws that he didn’t know weeks before. And though he
purported to be an expert on discrimination against gays and lesbians,
Miller admitted he was either unfamiliar with or hadn’t read the work
of many leading experts in the field — some who had testified earlier in
the trial.

In his testimony Miller pointed in particular to
federal gains — namely hate crimes legislation and pro-gay statements by
Obama on the proposed repeal of “don’t ask, don’t tell” and his support for the
Employment Non-Discrimination Act — as evidence of political power. (The
Matthew Shepard Act, signed as part of a defense spending bill last
fall, took almost nine years to pass into law; both DADT and ENDA have
seen little legislative movement in recent months.)

snapped at many of Miller’s assertions: “Is there any other minority in
this country that is discharged from the military even when they’re
doing a perfectly good job?”

“I’d have to say I’m not aware of any,” Miller replied.

attempting to prove that gays have been historically subjected to
prejudice and discrimination — and therefore make up a minority
vulnerable to the whim of the majority — Boies pressed Miller on his
views on whether gays faced more discrimination today than women and
racial minorities. “Is it really your testimony that you can’t tell
whether [women] face more or less prejudice or stereotyping than gays
and lesbians?” Boies asked during one heated exchange.

“I think I’d have to look at it more closely,” Miller said.

let me leave gays out of the equation and just talk about lesbians
then,” Boies said. “Do lesbians face as much prejudice as women plus

“I would say yes,” Miller replied.

In yet
another instance where a defense witness corroborated plaintiffs’
arguments, Boies also grilled Miller on his past academic
writings — namely regarding the danger of the initiative process in
undermining informed deliberation and consensus-building consistent
with a representative democracy. Miller criticized initiatives in his
previous writing as “unfiltered, direct democratic rule.”

Defense testimony continues Tuesday. Frank Schubert, the media strategist behind Yes on 8, is expected to testify. 

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