Trial challenging California’s gay marriage ban moves to a close with last witness testimony

By Lisa Leff, AP
Wednesday, January 27, 2010

California gay marriage trial moves to a close

SAN FRANCISCO — The first trial to explore whether the U.S. Constitution guarantees gay Americans the right to get married is moving to a close.

The founder of a family values think tank testified Wednesday that the rights of same-sex couples come second to the needs of a cherished social institution.

David Blankenhorn, president of the New York-based Institute for American Values, said that while there are many valid reasons for allowing gays to wed, they are outweighed by the likely damage it would cause the already weakened state of heterosexual unions.

The trial is in its 12th day and the evidence phase is expected to end Wednesday.

Chief U.S. District Judge Vaughn R. Walker says he wants to review all the evidence before hearing closing arguments in several weeks.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP’s earlier story is below.

SAN FRANCISCO (AP) — The founder of a family values think-tank testified Wednesday that the rights of same-sex couples should come second to preserving the cherished social institution of marriage.

David Blankenhorn, president of the New York-based Institute for American Values, said under cross-examination there are many valid reasons for allowing gays to wed, but the considerations are outweighed by the likely damage it would cause the already weakened state of heterosexual unions.

He acknowledged, however, that allowing gays to wed would have positive consequences for same-sex couples and society, such as scoring “a victory for the worthy ideas of tolerance and inclusion,” reducing anti-gay prejudice and hate crimes, and creating a higher standard of living for same-sex couples.

“I do believe it is almost certainly true that gay and lesbian couples and their children would benefit from having gay marriage,” he said.

Blankenhorn was expected to be the last witness to testify in the federal trial exploring whether states violate the U.S. Constitution by denying gays and lesbians the right to marry.

Chief U.S. District Judge Vaughn R. Walker has said he wants to take several weeks to review all the evidence before hearing closing arguments.

Blankenhorn’s testimony was almost certain to be cited by lawyers for the two gay couples suing to overturn the ban prompted by Proposition 8 in California.

They have contended that limiting marriage to a man and a woman hurts gay couples — a key point in their argument against Proposition 8.

At one point in his cross-examination, Blankenhorn was admonished by Judge Walker to answer lawyer David Boise’ questions instead of arguing.

Walker said Blankenhorn was at risk of having his testimony disregarded by the judge for being argumentative.

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