Arguing on behalf of two gay couples challenging the constitutionality of California’s Proposition 8, Ted Olson and David Boies have rested their case. Greg Herek, a professor of psychology at UC Davis, was the final witness for the plaintiffs. He was called to help make the argument that homosexuals face high levels of discrimination and to discuss the nature of homosexuality. On cross examination, the defense continued to advance the idea that homosexuality is a choice and not a born trait, and therefore not deserving of special legal protections.
The defense is represented by Charles Cooper, partner in the firm Cooper & Kirk. On Monday, the defense will call its first witness, who is an expert on the voter initiative process. Four of the expert witnesses originally scheduled to appear have withdrawn from the trial, leaving the defense with only two, so the next part of the trial could go quickly.
Judge Walker has said he wants time to review the evidence after the defense closes its case before he hears final arguments.
