Why Opponents Of Marriage Equality Are Trying To Block The Release Of The Prop 8 Trial Tapes

The American Foundation for Equal Rights, which yesterday petitioned a judge to release video recordings of last year’s Proposition 8 trial, has released this handy guide of “7 stunning moments” from the trial that opponents of marriage equality “don’t want you to see”:

— The Proponents’ own witness, David Blankenhorn, agreed under oath that “the principle of equal human dignity must apply to gay and lesbian persons. … [w]e would be more American on the day we permitted same-sex marriage than we were the day before.”

— Blankenhorn stated under oath: “I believe that adopting same-sex marriage would be likely to improve the well-being of gay and lesbian households and their children.” He also stated that the children of adoptive parents do as well if not better than the children of biological parents

— Political Science Professor Kenneth Miller, a witness for the Proponents, conceded: “My view is that at least some people voted for Proposition 8 on the basis of anti-gay stereotypes and prejudice.”

As David Boies –- one half of the legal team challenging the constitutionality of Proposition 8 — explained during a now-infamous appearance on Face the Nation, the problem for anti-gay activists is that they simply don’t have any evidence to make their case. “In a court of law you’ve got to come in and you’ve got to support those opinions, you’ve got to stand up under oath and cross-examination,” Boies explained. “There simply wasn’t any evidence, there weren’t any of those studies. There weren’t any empirical studies. That’s just made up. That’s junk science. It’s easy to say that on television. But a witness stand is a lonely place to lie. And when you come into court you can’t do that.”

Yesterday, District Judge James Ware promised he “won’t delay very long” before ruling on a motion to unseal video recordings of last year’s Proposition 8 trial. Supporters of the proposition argued in court today that releasing the video would expose their witnesses to public scrutiny and harassment.