Plaintiffs rested their case. Before the defense could call their first witness, plantiffs’ attorney David Boies questioned whether Kenneth Miller could even be classified as an expert. He charged that Miller has done no research or been recognized as an expert in the field.

The judge allowed Miller to testify.

The attorneys defending Proposition 8 were calling Miller to rebut testimony by previous plaintiff’s witnesses. Miller’s first point was that gays and lesbians have become a force in political fundraising. He cited support gays and lesbians enjoy from California’s Senators and Attorney General as well as from high-tech Silicon Valley companies. He didn’t make clear why that support means gays and lesbians should be denied the right to marry.

In the afternoon, Miller testified that other than marriage, gays and lesbians have not been stripped of any rights in the voter initiative process.

David Boies, plaintiffs’ attorney, spent the afternoon discrediting Miller. He admitted that no gay or lesbian has been elected to statewide office and that excluding gays and lesbians from marriage creates two distinct groups.

During his testimony, Miller had to stop for 20 minutes to review his notes to tell which information he had found on his own and which information the defense attorneys had given him. Boies point was that the plaintiff witnesses were experts who had studies the subject. The defense had little knowledge of the matter and was speaking only from personal opinion.

The defense is trying to add a third witness to their roster. Plaintiffs told the judge that they could not get this witness to answer questions when they deposed him earlier and the name was submitted too late to properly prepare.

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