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Tangled Webs
The Prop 8 trial continues apace. Yesterday afternoon was particularly interesting. From Courage Campaigns trial tracker:
For example, one letter indicated that the LDS church had identified a volunteer for the campaign in every single zip code. This was a church document that was in the hands of a Prop 8 campaign official, and thus was discoverable. Andy Pugno, the general council for ProtectMarriage.com tried his darnedest to get Judge Walker to exclude it, but failed. From Rick’s liveblog:
Pugno: Objects because document will be revealing.
Judge: Not to make light of this, but the reason people want to produce documents is that they are revealing.
Boutrous: It’s from an outsider to the core group. We are attempting to show the level of coordination with groups that Protect Marriage says were not even affiliated with the campaign.
This is perhaps the most explosive bit of all, from a document between the LDS Church and the campaign:
With respect to Prop. 8 campaign, key talking points will come from campaign, but cautious, strategic, not to take the lead so as to provide plausible deniability or respectable distance so as not to show that church is directly involved.
A word to the wise: if you’re actually interesting in maintaining plausible deniability don’t explicitly mention the desire to do so in your e-mails regarding how to keep plausible deniability. This also brings up an interesting point: while the trial is primarily concerned with the constitutionality of Proposition 8 there are a -lot- of peripheral issues at stake here. For example… So what happens to the LDS church’s 501(c)3 status when it’s revealed before the SCOTUS that they provided substantial support towards a legislative cause?
Say What?
It’s things like this that prove exactly why opponents of marriage equality didn’t want the Proposition 8 trial broadcast. A lawyer for the anti-gay marriage folks, David Thompson, needs to make the case that LGBT folks don’t face discrimination and therefore Proposition 8 was a legitimate plebiscite and not an example of the tyranny of the majority. In an effort to do that he makes this point:
Day 3 of the Proposition trial is rolling with the resumption of testimony from George Chauncey, a Yale history professor and plaintiffs expert on the history of discrimination. He is under cross-examination from David Thompson, a Proposition 8 lawyer who is trying to undercut the professor’s testimony that gays and lesbians have been the target of unrelenting discrimination through history, including in modern times. Thompson has asked about television and movies on gays and gay issues, such as the TV show “Will & Grace” and the 1993 movie “Philadelphia.” And he is asking Chauncey about presumed improvements in the political arena, with gains in gay rights through ordinances around the country and in the California legislature.
Yale Professor George Chauncey remains in the hot seat under cross-examination from Proposition 8 lawyer David Thompson. Thompson continues to pound on the theme that gays and lesbians no longer face widespread discrimination, and in fact are gaining in political power. Chauncey is not buying entirely in that argument. “The bottom line is that there has been a significant shift in public opinion toward acceptance of gay rights, correct?” Thompson asked.
“There has been a shift in public opinion and growing support for gay people, and gay people continue to encounter enormous hostility,” Chauncey replied.
Saying that gay people aren’t discriminated against because of Brokeback Mountain or Will & Grace is like saying black people aren’t discriminated against because of The Cosby Show or The Color Purple… I think whoever hired this guy should demand their money back.

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