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Tag: David Boies

Livebogging Day 11: Part V

By Rick Jacobs

[Wherein at the end, the witness says “Discriminatory not to call two things that are the same by the same name.” This is not out of context. That’s what he said about same sex marriage vs. domestic partnerships. Read to the end. This guy is just too much. And boy can he talk!

I’m sorry to keep editorializing, but this guy has strong opinions and no data. He just knows what he knows, is apparently incapable of original research and just keeps repeating himself.]

DB: Dr. Norval Glenn who is prominent sociologist at Univ. of Texas in Austin 2004. Reads: However, acceptance of the arguments made by advocates of same sex marriage would lead to its logical end, i.e., that purpose of marriage is the couple rather than anything larger than the couple.

The scholars are on opposite side of policy side of whether we should adopt same sex marriage.

CC: Are there other scholars who talk about same sex as accelerating deinstitutionalization of marriage?

DB: Yes

CC: How confident are you that same sex will accelerate deinstitutionalization of marriage? (more…)

315 Comments January 26, 2010

Liveblogging Day 11: Part IV

By Rick Jacobs

[Looks like we won’t finish today. If the judge is indeed going out of town tomorrow, this will likely get held over until Monday. We’ll see.]

Dr. David Blankenhorn (DB) is sworn in.

Charles Cooper (CC) is examining him.

DB: Harvard in 1977 with degree in social studies. 1979 degree of history at University of Warwick. MA with distinction. John Knox fellowship as undergraduate study abroad at University of Warwick. Then spent two years in VISTA program, as community organizer in Boston and then continue my work as community organizer in Massachusetts and Virginia.

Our job as organizers was to advocate for reforms they thought were important. For me, seeing the weakened state of communities and families in those communities, particularly of children without fathers, motivated me.

In 1987, started Institute for American Values. Non-partisan think-tank focused on marriage and childhood well-being. I’m president.

Commission research, hold conferences. Our signature product is report to the nation where scholars work intensively for a period of time and then jointly release findings and recommendations. Main subjects, fatherhood, marriage, family structure, family well-being. In past years added other areas, but these are primary.

Annual report called state of our unions, which is report on the state of marriage. And then working on third periodic report on marriage.

Work with fifteen scholars to come up with principal social science findings on marriage. Have done two; now working on third.
Personally involved as principal writer or investigator or working with scholars to identify them and then with them in non-leadership role as they develop their conclusions.

CC: Have you authored any books?

DB: I authored a book called Fatherless America, a book about consequences of 35% of children living apart from their fathers. Then 2007, Future of Marriage that looks at marriage and how we might strengthen it in future.

CC: Describe research re: Fatherless America?

DB: Interviews with fathers in six different cities around the country and used transcripts. Looked at literature. Then held scholarly gatherings at which papers were commissioned and presented. Strengthened my work.

DB: Fair to say that book was widely and generally well reviewed: LAT, Washington Post, NYT, Newsweek, and CBS Evening News. Led to lots of public speaking at civic and community groups.

CC: Dr. Michael Lamb has testified in this case. Did he review your book? (more…)

320 Comments January 26, 2010

Liveblogging Day 11: Part III

By Rick Jacobs

David Boies is still thoroughly embarrassing Professor Kenneth Miller on cross-exam.

B: Reads a lot of what Miller wrote about religious involvement in Prop. 8, including that Mormons only 2% of CA population, Mormons came from outside US to provide personnel and financial resources.

M: Yes.

B: What part of the support was provided to the No on 8 side by religious organizations?

M: I have no idea because I have not seen that information.

B: You know that religion was a critical factor in passing Prop. 8?

M: I cannot say that. I know it was a critical factor for some voters. (more…)

319 Comments January 26, 2010

Liveblogging Day 11: Part II

By Rick Jacobs

[Wherein Mr. Boies backs Prof. Kenneth Miller into a very small corner bounded by Prof. Miller’s own words and views.)

Sorry if some of this is not clear. I’m trying to get the quotes that Boies reads from Miller’s writings. When they read stuff, that’s hard sometimes. So I try to get the gist.]

B: Look at your Seattle Law Review article. At times … initiative process has provided convenient means by which to undermine minorities and bypass checks and balances. In CA steady stream has passed, nearly all of which have been challenged in court.

M: Yes.

B: Courts have long assumed the responsibility for defending the rights of minorities, especially when political process harms them.

M: Yes.

B: Conflict between initiatives targeted at minorities and courts strict scrutiny to protect minorities is normal. (Courts have long assumed the responsibility for protecting minorities…especially when the operation of those political processes ordinarily relied on to protect minorities..”)

M: My understanding of this quote…

B: You wrote this. (more…)

185 Comments January 26, 2010

Liveblogging Day 11: Part I

By Rick Jacobs

David Boies continues his cross-examination of Prof. Kenneth Miller.

Judge Walker: Ready to continue you’re cross-examination, Mr. Boies?

Boies (B): Yes, I am, your honor.

Judge Walker: Prof. Miller, you are still under oath.

Miller (M): Yes.

B: Offering as exhibit the documents that Prof. Miller indicated yesterday on which he indicated he had produced, did not remember or counsel produced papers on which Miller relied for his testimony.

B: At break, we talked about polls. Offer 2853, exit polls you looked at. Clear to you that people who attended church more often were highly more likely to vote yes on 8 than other people? My question goes to your state of mind.

M: Yes, this looks like other polls including LA Times. Fair to say that those who were regular church attenders more likely to vote yes on 8 than others.

B: Look at p. 8. 32% of population that attended church weekly voted yes on Prop. 8 84% of the time. Consistent with your understanding?

M: I’m not sure of the percentage, but that seems generally right. (more…)

151 Comments January 26, 2010

Liveblogging Day 10: Daily Summary

By Julia Rosen

Man, David Boies just destroyed the defense’s first witness today on cross. I even had a friend and a former student of Professor Miller tweeting at me their embarrassment at his implosion. More specifically, Miller admitted that DOMA and DADT were legislated discrimination. And that was just the afternoon…

This morning the plaintiffs introduced evidence of Prop 8 proponents comparing gay marriage to 9/11 and a reference to polygamy or two. Oh and the tiny little revelation that NOM, the Catholic Church, LDS Church, and the Family Research Council all conspired together through ProtectMarriage.com to use fear and lies to pass Prop 8. It’s something we all knew, but it sure is validating to see it all laid out in Federal Court.

Boies gets to finish his fun in the morning, then it is on to their second and possibly last witness. I think they know they just hurt their case if they get any witnesses of their own on the stand, so they aren’t calling very many.

Now for the real show, the compiled liveblogging from Rick Jacobs from day 10 of Perry v. Schwarzengger. (more…)

76 Comments January 25, 2010

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