SCRIPT #3

DAVID BLANKENHORN: POSITIVE CONSEQUENCES OF SAME-SEX MARRIAGE

Testimony as given in U.S. District Court on January 27, 2010

Speaking:
DAVID G. BLANKENHORN
DAVID BOIES

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TO BE READ ALOUD:
Hear ye, hear ye! The following is a re-enactment of Perry v.
Schwarzenegger, the Prop 8 trial heard in U.S. District Court. David
Blankenhorn, founder and president, of the Institute for American Values,
is the defense’s expert witness on the political power of gays and
lesbians. In this scene, he is under cross-examination by the plaintiffs’
lawyer David Boies. The plaintiffs in this case are two loving same-sex
couples who simply want to marry, just as any heterosexual couple in
America has the right to do.

Court is now in session!

DAVID BOIES, PLAINTIFFS’ ATTORNEY:

So, Mr. Blankenhorn, could you just go down this list of possible positive
consequences and tell me which, if any, you personally agree with?

And just tell me by number, because these are all numbered, and I think it
will go faster if you simply tell me which of the numbers here, if any,
you personally agree with.

David Blankenhorn, proponents expert on the institution of marriage:

You want me to read each one silently to myself and then tell you "One,
yes." Is that what you want me to do?

BOIES:
What I -- read it silently to yourself and then just tell me which of
these you agree with. Give me the numbers of the items that you agree
with.

BLANKENHORN:
For each of the 23?

BOIES:
Yes.
(Brief pause.)

BLANKENHORN:
Number one, yes.
Number two, yes.
Number three, yes.
Number four, yes.
Number five, yes.
Number six, yes.
Number seven, yes.
Number eight, no.
Number nine, no.
Number 10, yes.
Number 11, yes.

 
 
 

Number 12, I don't know.

Number 13, no.
Number 14, no.
Number 15, yes.
Number 16, I don't know.
Number 17, no.
Number 18, yes.
Number 19, yes.
Number 20, I don't know.
Number 21, I don't know.
Number 22, yes.
Number 23, I don't know.

BOIES:
Okay. Thank you.

Now, I would like to publish this list and go through it, and both
identify those that you agree with and then ask you some questions about
some of the ones that you said you disagreed with.

Can I publish this up on the board?

(Document displayed)

Can you make it a little more readable by making some of the ones we are
going to deal with first larger?

The first point that you agreed with was that:

“Same-sex marriage would meet the stated needs and desires of lesbian and
gay couples who want to marry. In so doing, it would improve the happiness
and well-being of gay and lesbian individuals, couples and family
members."

BLANKENHORN:
I said "many," "many gay and lesbian individuals, couples and family
members."

BOIES:
I misread that. Let me just read it to be clear:

"Same-sex marriage would meet the stated needs and desires of lesbian and
gay couples who want to marry. In so doing, it would improve the happiness
and well-being of many gay and lesbian individuals, couples, and family
members."

The second positive consequence that you agreed with was:

 
 
 

"Gay marriage would extend a wide range of the natural and practical
benefits of marriage to many lesbian and gay couples and their children."

The third positive consequence that you agreed with was:

"Extending the right to marry to same-sex couples would probably mean that
a higher proportion of gays and lesbians would choose to enter into
committed relationships."

The fourth positive consequence that you agreed with was that:

"Same-sex marriage would likely contribute to more stability and to

longer-lasting relationships for committed same-sex couples."

The fifth positive consequence that you agreed with was that:

"Same-sex marriage might lead to less sexual promiscuity among lesbians

and, perhaps especially, gay men."

The sixth positive consequence that you agreed with was that:

"Same-sex marriage would signify greater social acceptance of homosexual

love and the worth and validity of same-sex intimate relationships."

The seventh positive consequence which you agreed with was that:

"Gay marriage would be a victory for the worthy ideas of tolerance and
inclusion. It would likely decrease the number of those in society who
tend to be viewed warily as ‘other’ and increase the number who are
accepted as part of ‘us.’ In that respect, gay marriage would be a victory
for, and another key expansion of, the American idea."

And I have read those correctly, have I not, sir?

BLANKENHORN:
Yes, sir.

BOIES:
And then items eight and nine you disagreed with, correct?

BLANKENHORN:
Yes, sir.

BOIES:
And then item 10 you agreed to, and that reads:

"Gay marriage might contribute over time to a decline in anti-gay

prejudice as well as, more specifically, a reduction in anti-gay hate

 
 
 

crimes."

And the 11th positive consequence and, again, one that you agreed with,
was that -- number 11 reads:

"Because marriage is a wealth-creating institution, extending marriage

rights to same-sex couples would probably increase wealth accumulation and
lead to higher standards for" --

BLANKENHORN:
"Living standards."

BOIES:
As read --
"...higher living standards for these couples, as well as help reduce
welfare costs, by promoting family economic self sufficiency and decrease
economic inequality."

And did I read those correctly with your help?

BLANKENHORN:
Yes, sir.

BOIES:
Number 12 you said you didn't know. Numbers 13 and 14 you disagreed with,
correct?

BLANKENHORN:
Yes, sir.

BOIES:
Number 15, which you agreed with, reads: "Extending marriage rights to
same-sex couples would probably reduce the proportion of homosexuals who
marry persons of the opposite sex and, thus, would likely reduce instances
of marital unhappiness and divorce." And did I read that correctly?

BLANKENHORN:
Yes, sir.

BOIES:
And number 16, which you said you didn't know, and number 17, which you
disagreed with, correct?

BLANKENHORN:
Yes, sir.

BOIES:
And then number 18, which you agreed with reads:

 
 
 

"By increasing the number of married couples who might be interested in

adoption and foster care, same-sex marriage might well lead to fewer
children growing up in state institutions and more growing up in loving
adoptive and foster families."

And number 19, which you also agreed with reads:

"Adopting same-sex marriage would likely be accompanied by a wide-ranging

and potentially valuable national discussion of marriage's benefits,
status and future."

And did I read those items correctly?

BLANKENHORN:
Yes, sir.

BOIES:
And am I correct that items 20 and 21 you don't know whether you agree
with or not?

BLANKENHORN:
Yes, sir.

BOIES:
And then number 22 is one that you do agree with, which is that:

"Gay marriage would probably expand the possibility and likelihood of new
scholarly research on a variety of topics related to marriage and
parenting."

Correct?

BLANKENHORN:
I'm absolutely certain of that one.

BOIES:
And then number 23, you don't know, correct?

BLANKENHORN:
Correct.

 
 
 

Text below is direct text from David Blankenhorn's "The Future of

Marriage"Citation: Blankenhorn, David. The Future of Marriage. New York:
Encounter Books, 2009. Paperback. Pages 202-205.

This was presented as evidence in Perry v. Schwarzenegger heard by the

U.S. District Court.

“On chalkboards and poster paper, we worked together for hours to come up
with three lists. The first list was called "Positive Consequences": In
what ways would legalizing same-sex unions be likely to improve our
society? The second list was called "Negative Consequences": How would
adopting equal marriage rights for same-sex couples be likely to harm our
society? The third list was called "Other Consequences," including social
changes that would likely occur as a result of adopting gay marriage, but
that we as a group could not agree whether to label as positive or
negative.

POSITIVE CONSEQUENCES
1. Same-sex marriage would meet the stated needs and desires of lesbian
and gay couples who want to marry. In doing so, it would improve the
happiness and well-being of many gay and lesbian individuals, couples, and
family members.

2. Gay marriage would extend a wide range of the natural and practical
benefits of marriage to many lesbian and gay couples and their children.
3. Extending the right to marry to same-sex couples would probably mean
that a higher proportion of gays and lesbians would choose to enter into
committed relationships.

4. Same-sex marriage would likely contribute to more stability and to

longer-lasting relationships for committed same-sex couples.

5. Same-sex marriage might lead to less sexual promiscuity among lesbians

and (perhaps especially) gay men.

6. Same-sex marriage would signify greater social acceptance of homosexual

love and the worth and validity of same-sex intimate relationships.

7. Gay marriage would be a victory for the worthy ideas of tolerance and
inclusion. It would likely decrease the number of those in society who
tend to be viewed warily as "other," and increase the number who are
accepted as part of "us." In that respect, gay marriage would be a victory
for, and another key expansion of, the American idea.

8. Gay marriage would reaffirm society's commitment to social justice and

equal treatment under the law.

9. Gay marriage, by establishing marriage for same-sex couples as a human

 
 
 

right, would expand the concept of human rights for gays and lesbians and,
at least indirectly, for all persons.

10. Gay marriage might contribute over time to a decline in anti-gay

prejudice as well as, more specifically, a reduction in anti-gay hate
crimes.

11. Because marriage is a wealth-creating institution, extending marriage

rights to same-sex couples would probably increase wealth accumulation and
lead to higher living standards for these couples as well as help reduce
welfare costs (by 204 THE FUTURE OF MARRIAGE promoting family economic
self-sufficiency) and decrease economic inequality.

12. Because gay marriage would allow into marriage a group of people who,
until now, have largely and effectively been kept out, it would make
marriage as a way of living less exclusive and more universally
accessible.

13. Adopting same-sex marriage would demonstrate that marriage can be an

adaptive social form that is responsive to new societal needs and
requirements.

14. Adopting gay marriage might slow down or stop altogether the legal
proliferation of "marriage lite" schemes such as civil unions and domestic
partnerships, which can harmfully blur the distinctions between marriage
and nonmarriage and can contribute (among straights as well as gays and
lesbians) to nonmarital cohabitation. In this respect, gay marriage would
make marriage, and marriage alone, society's standard for socially
approved committed relationships. An important likely result of such a
development would be less nonmarital cohabitation than would otherwise
have occurred.

15. Extending marriage rights to same-sex couples would probably reduce

the proportion of homosexuals who marry persons of the opposite sex, and
thus would likely reduce instances of marital unhappiness and divorce.

16. Adopting same-sex marriage would almost certainly reduce the

proportion of Americans, particularly younger Americans, who believe that
marriage is an outdated and discriminatory institution. This change might
encourage more couples to choose marriage over cohabitation.

17. Especially by increasing the proportion of couples eligible to marry,

gay marriage, to the degree that it produced more marriage in society,
might increase the (currently quite low) birth rate, especially among the
highly educated and more affluent.

18. By increasing the number of married couples who might be interested in

adoption and foster care, same-sex marriage might well lead to fewer

 
 
 

children growing up in state institutions and more growing up in loving

adoptive and foster families.

GOODS IN CONFLICT 205

19. Adopting same-sex marriage would likely be accompanied by a wide-
ranging and potentially valuable national discussion of marriage's
benefits, status, and future.

20. Adopting gay marriage would largely, over time, put an end to today's
socially divisive and distracting debate over gay
marriage.

21. Gay marriage would challenge and possibly reduce gender stereotypes.

22. Gay marriage would probably expand the possibility and likelihood of
new scholarly research on a variety of topics related to marriage and
parenting.

23. Same-sex marriage, to the extent that it would be adopted on a state-

by-state basis (as against being established by Congress or the federal
courts), would create a process of potentially valuable local
experimentation in matters of marriage and marriage law. “

 
 

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