One of the tactics attorneys for the plaintiffs in the Prop 8 trial is to show that LGBT Americans lack political power. As such they are a disadvantaged group and therefore the ban on same sex marriage is unconstitutional because it targets such a group. Attorneys for Prop 8 are attempting to use such things as economic boycotts, rallies and alleged threats of violence to claim these actions illustrated political power which resulted in more Californians voting in favor of Prop 8, due to animosity over LGBT tactics.
From the Washington Post…
Lawyers for two same-sex couples suing to overturn Proposition 8 are trying to demonstrate that gay Americans lack meaningful political power. The point is central to their contention that state bans on gay marriage are unconstitutional because they single out a disadvantaged group.
Segura scoffed at Thompson’s suggestion that Proposition 8 passed with 52 percent of the vote in part because large numbers of voters were turned off by sporadic reports of campaign-related hostilities.
"That the number of individuals this would be true of would come close to the margin for the proposition is ridiculous in the extreme," he said.
Thompson also sought to undercut Segura’s earlier testimony that gays faced an unprecedented opponent in a coalition of Mormon, Roman Catholic and evangelical Christian that joined forces to back the 2008 ballot measure.
He produced campaign fliers and other documents showing some churches opposed the ban.
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