SCRIPT #5

GARY SEGURA: DO YOU BELIEVE GAYS AND LESBIANS STILL LACK POLITICAL POWER?
(PLAINTIFFS' EXPERT)
Testimony as given in U.S. District Court on January 21, 2010

Speaking:
DR. GARY SEGURA
THEODORE BOUTROUS

Thank you for downloading a Testimony script and taking your first step toward reen-
acting an excerpt from Perry v. Schwarzenegger, the federal Prop. 8 trial.
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transcript of Perry v. Schwarzenegger, the case argued in
U.S. District Court over the constitutionality of Prop. 8,
which eliminated the right of same-sex couples to marry
in California in 2008. Some of these scripts are from the
plaintiffs testifying, while others are from expert witness-
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TO BE READ ALOUD:
Hear ye, hear ye! The following scene is a re-enactment of Perry v.
Schwarzenegger, the Prop 8 trial heard in U.S. District Court. Dr. Gary
Segura, professor of American politics at Stanford University, expert
witness for the plaintiffs on the political power of gays and lesbians, is
under direct-examination by the plaintiffs’ lawyer Theodore Boutrous. 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!

THEODORE BOUTROUS, PLAINTIFFS’ ATTORNEY:

Let me ask you two more questions. In light of the legislative measures
that provide some protection to gay men and lesbians in California and
some of the prominent politicians that Mr. Thompson pointed you to, who
have been allies in one way or another of gay men and lesbians, do you
believe that gay men and lesbians still lack political power, as you have
defined it?

GARY SEGURA, PH.D., PLAINTIFFS’ EXPERT ON THE POLITICAL POWER OF GAYS AND
LESBIANS:
I do. The -- the series of questions Mr. Thompson asked me about the
statutory enactments in California and the number of politicians in
California who have been supportive of the gay community, I think serve as
the basis of his skepticism regarding the conclusion that I draw. And I
would want to respond to those in a couple of ways. The first is which
that, you know, I have repeatedly in my testimony suggested that we need
to look across levels of government.

We need to look across jurisdictions in order to evaluate the political

power of the group. Protections afforded in -- that end at the county line
in a modern society are hardly protections at all. And the same would be
true at the state line. That we need to look not just at the federal level
or not just at a locality, we need to look at all levels of government.
But more importantly, we look at a series of statutory enactments, some of
them pursuant to court decisions, some of them overturned by ballot
initiative in several states. And when the skepticism is expressed, I do a
mind experiment that I do with my students frequently, which is I explore
the counter factual.

So imagine for a moment that I was going to write an opinion that says
gays and lesbians are powerful in the political system. So I go and I
survey the world and I survey the literature and I say, well, the FBI
suggests that gays and lesbians are experiencing increasing levels of
violence and represent 70 percent or more of the hate-inspired murders.

Could I see that and still conclude that the group is powerful? Well,
conceivably, because there are other factors.

 
 
 

Could I look at the circumstances around the country and say, well, in 29
states gays and lesbians could still be dismissed without cause for their
identity from their source of employment, that they enjoy no protections.
Could I observe that and still conclude that the group was powerful? Well,
possibly.

Could I observe that even small statutory protections designed to redress

previous disadvantages have been challenged at the ballot box over 150
times, and gays and lesbians lose those more than 70 percent of the time,
and still conclude that the group is powerful? Presumably.

Could I look at the enactment of statutory – excuse me, constitutional

exclusion and establishment as excluded from a civil institution as a
citizen that is separate -- that is treated separately from all other
citizens, and conclude that the group is powerful? I could conceivably
observe one or maybe two of those things and still decide that there's
other evidence to suggest that the group is powerful.

To observe all of those things and to conclude that gays and lesbians have
the political power to protect their basic rights in the political system
would be the political science equivalent of malpractice. I -- I couldn't
possibly draw that conclusion.

BOUTROUS:
No further questions, your Honor.

 
 
 engagement Instructions
A successful reenactment will have an audience — “witnesses” to the trial reenactment. In or-
der to have a successful reenactment and turn out a large number of witnesses, you need to set
a goal. After the reenactment, make sure to get signatures of the witnesses, this will all become
part of the story of the trial. Also please be sure to complete the enclosed form so we can grow the
movement. Each trial should set a minimum goal of signatures from 50 witnesses.

TESTIMONY Community Engagement Tips 2. MAKE A SCENE

As Testimony actors, your mission is to bring this trial – this
conversation – to your community, identifying supporters of
equality along the way. Here are a few things to think about
as you begin to plan your reenactments.
We’ve given you a script, but it’s your job make sure people
listen. Be creative. Make a scene. Here are a few ideas:
• Invite a local choir to open up your performance to grab
the audience’s attention.

1. SET GOALS
Just because it’s guerrilla theater does not mean that it’s
poorly planned. We are all actors with purpose. To help your
production team accomplish your mission, set a few com-
munity engagement goals prior to your reenactment:
• Pick out key quotes from the Testimony and paint them
on large posters for all to see.
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don’t be afraid to be heard.

• Ask your team to set witness signature goals. Commit to
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munity – signatures of people who watched your reen-
actment and agree that Equality should never be put on
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Build community through these reenactments by inviting
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party. Here are a few ideas:
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that this trial lives on;

• Don’t make this a one-time production. Once you’ve put to- • Find out about the next phase of this historic campaign.
gether a production team and scouted a location, it’s easy
to do these reenactments again and again. Consider asking • Have questions? Contact us at
your team to do multiple reenactments each time you go engagement@equalityontrial.org.
out. Set a goal for your team, i.e. “we will keep doing reen-
actments until we collect 20 WITNESS SIGNATURES.”

• Videotape WITNESS REACTIONS after your reenactment.

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