Perry vs. Schwarzenegger

Boies went after Blankenhorn’s credibility immediately, noting that he apparently had only one peer-reviewed article to his credit and that was a thesis on a labor dispute between cabinetmaker unions in Britain. Although Blankenhorn was being offered as an expert witness on how same-sex marriages are detrimental to heterosexual marriages and children, Boies noted that Blankenhorn’s education had been in history. “You’ve never taught a course in college,” said Boies, “and you have no degree in psychology, psychiatry, sociology, anthropology.…” “No,” said Blankenhorn, interrupting. “And in preparation for this testimony, did you undertake any scientific study of what effects permitting same-sex marriages have been in any jurisdiction where same-sex marriages have been permitted?” asked Boies.

At least a dozen times in the testimony, Mr. Blankenhorn refused to answer Mr. Boies when the lawyer posed a question and asked him to answer with a straightforward “Yes, no, or I don’t know.” Mr. Blankenhorn would say that there was no way to answer without extended clarification — even after Judge Walker instructed him to respond on several occasions. During a typical exchange, Mr. Boies asked the witness if any of the scholars he has relied on had “asserted that allowing same sex marriage would lower the rate of heterosexual marriage.” Mr. Blankenhorn replied that the “safest answer is I don’t know,” before adding, “But I believe the answer is that some of them have.” Mr. Boies then asked Mr. Blankenhorn to name the scholars, but the witness refused. As the questioning devolved into bickering, Judge Walker put both hands in the air to stop the pair. “Don’t argue with each other,” he said wearily, pointing to Mr. Boies and then to Mr. Blankenhorn. “Just ask a question and give an answer.”

