Breaking: Prop 8 Trial Closing Arguments Set For June 16.
Via Prop 8 Trial Tracker’s Paul Hogarth:
But besides setting a date for closing arguments, Judge Walker set a date for the defense counsel to submit their motion to suppress at least part of Dr. Tam’s testimony.
So what happens if Dr. Tam’s testimony is taken out? Dr. Tam was powerful evidence that Prop 8 was driven by animus and a hatred of homosexuals, which would be enough to strike Prop 8 — even under the more lenient “rational basis†grounds set up in Romer v. Evans (1996.) But while Dr. Tam’s testimony is damning and it should be kept in, there was a whole lot of other evidence that our side presented. In fact, when it came time for the defense to produce their “experts,†there wasn’t a whole lot of reason they could provide.
If it’s impossible to dream up a “rational†basis for deny LGBT people the right to marry the person they love, and all the reasons the defense provides is merely a subterfuge for bigotry, Prop 8 must be found unconstitutional.