I’ve been watching the transcripts from the trial and a few things become very clear.
The team of Olson and Boies and all their associate counsels, as well as their expert witnesses have done a wonderful job so far of establishing that religious animus was behind the Proposition 8 vote. They are also doing a great job of proving that being LGBT does in fact put one in a suspect class, that we don’t have the political or economic power the opposition posits that we do have. This means that it would behoove the judge in this case to apply a strict scrutiny standard.
Strict scrutiny is a more difficult obstacle for the defendants.
Another thing that is becoming apparent is that the counsel for the defendants will pull out any dirty trick they can in order to impeach the credibility of the plaintiff witnesses. Using outdated reports and publications, using single source studies, etc. The questions posed by defense counsel are very snippy and it becoming clear that the line of questioning is very irritating to Judge Walker.
And todays testimony by Bill Tam was interesting. Tam seems to have very selective memory of what his role in the whole Prop 8 battler was at the time.
I’m reading the transcripts with a certain amount of anticipation. When even two of the defenses star witnesses make the case against Prop 8 in their depositions, you know the Prop 8 proponents aka the defense is in trouble.