January 27, 2010
by Brian Leubitz
Well, it looks like testimony has been all wrapped up. But David Boies’ demolition of David Blankenhorn — the defense’s second, and final, “expert” witness — will continue to reverberate through the record as this case proceeds forward. Was Blankenhorn an actual expert, well, let’s let him answer that:
DB: “I’m simply repeating things that they say.”
DB: “These are not my own conclusions.”
DB: “I’m a transmitter here of findings of these eminent scholars.”
And even those conclusions don’t actually support what the defense was going for with this witness. I’m pretty certain they weren’t looking for these choice nuggets:
“Extending marriage rights to same-sex couples would probably reduce the proportion of homosexuals who marry persons of the opposite sex, and thus would likely reduce instances of marital unhappiness and divorce.”
“Gay marriage would be a victory for the worthy ideas of tolerance and inclusion. It would likely decrease the number of those in society who tend to be viewed warily as ‘other’ and increase the number who are accepted as part of ‘us.’ In that respect, gay marriage would be a victory for, and another key expansion of, the American idea.”
“Because marriage is a wealth-creating institution, extending marriage rights to same-sex couples would probably increase wealth accumulation and lead to higher living standards for these couples as well as help reduce welfare costs (by promoting family economic self-sufficiency) and decrease economic inequality.”
Keep in mind, these were the words of the defense expert. Honestly, I can’t wait to see how Andy Pugno tries to tie together the mess that was the defense’s two expert witnesses. Honestly, I figured that after Boies got through with Prof. Miller, that he couldn’t top that performance. I was wrong. Blankenhorn was an absolute disaster for the defense. He had no credibility with the Judge, and his continued failure to answer questions won’t look good on a written record either.
Also, if you missed this link in the comments, one of our amazing Trial Trackers spotted this video of a gay marriage debate between Evan Wolfson, of Freedom to Marry, and Mr. Blankenhorn. If you’d like to see what Rick was talking about with Blankenhorn’s demeanor, check it out. But keep in mind, Wolfson wasn’t cross examining him, and Boies was nowhere in site.