BY
January 27 2010 6:40 PM ET
Throughout the past 12 days of the Proposition 8 trial, attorneys on behalf of two California gay couples have argued from nearly every conceivable angle that marriage is a fundamental right, one that gays and lesbians are denied for no legitimate reason — with them suffering substantially harmed as a result.
As testimony in the trial concluded on Wednesday at noon, Chad Griffin, cofounder of the American Foundation for Equal Rights and chief organizer of the suit, was adamant that the case had been made. “I’d like to thank [plaintiffs] Kristin [Perry], Sandy [Stier], Jeff [Zarrillo], and Paul [Katami] for standing up for their civil rights and for the rights of thousands like them.”
He added a parting jab during a press conference after the court session: “I’d like to thank our attorneys for making our case and for demolishing their case.”
Whether Griffin’s assessment or Prop. 8 proponents’ arguments that the government has a vested interest in preserving marriage as is currently defined prevails won’t be decided at the federal district level for some time, however. Judge Vaughn Walker has given both sides one month to enter any additional supporting documents. Plaintiff’s attorney Ted Boutrous said he believed closing arguments in the case will likely take place in March at the earliest. David Boies, the co-lead attorney who filed the suit alongside Theodore B. Olson, solicitor general in the George W. Bush administration, previously stated he believes the case could be before the U.S. Supreme Court by the fall of 2011.
During the final day of testimony, Boies continued his cross-examination of defendant expert witness and Institute for American Values president David Blankenhorn, one that led to heated exchanges when Boies questioned the scholarly evidence behind Blankenhorn’s assertions. When cornered, Blankenhorn often adopted a folksy, personal brand of response, rather than that of an expert witness. “I may sound simplistic,” he said during testimony on Tuesday, “but I believe we lose something precious if ... traditional marriage is lost.”
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