Gay marriage ban backer to be hostile witness

[February 04, 2010]  SAN FRANCISCO (AP) -- A proponent of California's same-sex marriage ban who warned that gay rights activists would try to legalize sex with children if Proposition 8 did not pass is expected to be called as a hostile witness Thursday for two same-sex couples suing to overturn the measure.

Lawyers for the couples said they planned to call San Francisco resident Hak-Shing William Tam to testify even though he has asked to be dismissed as a defendant in the case, the first in a federal court to examine if state bans on same-sex marriage illegally discriminate against gay Americans.

Last week, the lawyers used footage from Tam's taped deposition to buttress their contention that Proposition 8 is unconstitutional because it was fueled by deep-seated animosity against gays. They questioned him about a letter he wrote during the ballot measure's 2008 campaign saying that "other states would fall into Satan's hands" if gays weren't stopped from marrying in California.

Before Tam's testimony, lawyers for Proposition 8's sponsors plan to wrap up their cross-examination of Stanford University political scientist Gary M. Segura.

On Wednesday, Segura testified that gays deserve the same legal protections as other disadvantaged groups because their causes do not enjoy meaningful political clout. Proposition 8, he said, was part of a chain of ballot box defeats for the gay rights movement dating back to the 1970s, including 33 of the 34 measures dealing with marriage.

"By any measure, gays and lesbians would have to be understood as a minority faction," Segura said.

Attorney David Thompson spent hours trying to neutralize Segura's statements. He said that multiple legislative victories in California, the steady increase in states legalizing same-sex marriage listed and to show that gays enjoy substantial political support at the highest levels of .

Thompson listed the gay rights movement's progress in getting same-sex marriage legalized in a handful of states and its multiple legislative victories in California, including the recent selection of John Perez, a gay man, as speaker of the California Assembly, shows that gays have substantial political support.

Segura replied that Perez' ascension to the speakership was based on factors other than his sexual orientation.

Thompson also played a recording of President Barack Obama telling a national gay rights group in October, "I'm here with ya" in fighting "for progress in our capital and across America.

"Does President Obama count as an ally to the gay and lesbian community?" he asked.

"I think President Obama is perhaps the best illustration of an ally who cannot be counted upon, an ally whose rhetoric far exceeds his actions," Segura said.

The plaintiffs are preparing to wrap up their case on Friday. Besides Tam, they said they have one more witness, University of California, Davis social psychologist Gregory Herek. Herek is scheduled to testify about prejudice against lesbians and gay men.

[Associated Press; By LISA LEFF]

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