— A prominent opponent of same-sex marriage testified at a federal
trial Wednesday that he believes the rights of gays and lesbians should
take “second place” to the institution of marriage.
“With some anguish,”
Blankenhorn, who founded and heads a think tank
devoted to marriage and family issues, was one of two witnesses called
by defenders of Proposition 8, the 2008 ballot initiative that
reinstated a
No more witnesses are expected to testify in the trial that began 2 1/2 weeks ago. The court gave both sides until
to submit briefs pointing to the evidence that buttressed their views,
which will be followed by closing arguments at an as yet uncertain date.
Blankenhorn testified that same-sex marriage
benefits gay couples and their children, but weakens the institution of
marriage. He said he reconciled these “goods in conflict” by embracing
domestic partnerships and civil unions for gays.
Under cross-examination Wednesday, Blankenhorn
testified that he agreed that same-sex marriage might reduce prejudice
and hate crimes against homosexuals, lead to higher living standards
for same-sex couples and probably reduce the number of gays who marry
members of the opposite sex.
Blankenhorn, who is not affiliated with a college or university, sparred frequently with
one of the nation’s top litigators representing two same-sex couples
challenging the federal constitutionality of Proposition 8.
Sometimes seething, sometimes aggrieved, Blankenhorn
objected to having to answer questions with a simple “yes,” ” no” or “I
don’t know.” At times the dueling was humorous, producing laughter from
the courtroom and even from U.S. District Judge
Blankenhorn identified three principles of marriage,
saying it involves opposite-sex people, is limited to two people and
includes a sexual relationship.
Boies pointed out that much of the world has
practiced polygamy in the past, that some societies practiced
homosexual marriage and that some marriages, such as those of
prisoners, are never consummated by sexual intercourse.
Blankenhorn, however, insisted that polygamy
satisfied the principles of marriage because it involves a man who
marries one woman at a time.
Boies asked whether Blankenhorn was testifying that
a man with five wives is consistent with his rule that marriage
involves two people.
Blankenhorn said yes, adding that the marriages did not occur at the same time, and “each marriage is distinct.”
Walker thanked the lawyers at the close of the session for the “fascinating” trial and praised their legal skills and acumen.
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