Defenders of Proposition 8 produced no evidence to back up their claim that marriage between same-sex couples would hurt heterosexual marriage. “I don’t know. I don’t know,” the defense attorney, Charles Cooper, said when asked for an explanation by the judge at a pretrial hearing.
The defense called only two witnesses. The first, Kenneth Miller, a professor at Claremont McKenna College, argued that gay people are a powerful political force, which was meant to support the claim that there is no need for enhanced judicial protection. He ended up admitting that gay men and lesbians suffer discrimination.
The other witness, David Blankenhorn, the president of the Institute for American Values, argued that marriage is being weakened by rising divorce rates and more unmarried people having children, but he could not convincingly explain what the genders of married couples had to do with that.
Upon questioning, he acknowledged that marriage is a “public good” that would benefit same-sex couples and their children, and that to allow same-sex marriage “would be a victory for the worthy ideas of tolerance and inclusion.” The net result was to reinforce the sense that Proposition 8 was driven by animus rather than any evidence of concrete harm to heterosexual marriages or society at large.
This from THE DEFENSE of Prop 8. The people who are supposed to be saying "yeah, keep this law that says no same-sex marriage in CA."