If you watch the videos of the two witnesses it is easy to understand why those in support of Prop 8 did not call them as witnesses in the trial. It is also now easier to understand why they did not want any cameras in the court room.
Thanks to Ted Olson and his team for posting the videos of the deposition.From Independant Gay Forum...
Two things at the Prop. 8 trial today surprised me.
I did not expect to be able to actually see deposition testimony by Prop. 8 witnesses who would not be testifying in court, but the Olson/Boies team has posted videos, and there is no doubt why the defense did not want these two witnesses on the stand.
It is not because Dr. Kathryn Young and Dr. Paul Nathanson seem shy or afraid of anything. Instead, they appear to be forthright, well-informed, and engaged in the questioning.
To be fair, these tapes include only those parts of their depositions where they do say positive things. But their honest and unambiguous statements are devastating to the parties that called them into this case. Yes, homosexuality is just a normal variant on human sexuality. Yes, reputable studies clearly conclude there is no reason to predict harm when children are raised by same-sex couples. Yes, homosexuals, like heterosexuals, want to marry for reasons of stability and commitment. Yes, single lesbians and gay men raise fine and healthy children, and marriage would reinforce that.
The biggest surprise to me is that David Boies does not have to bully or trick them into saying these things on the record. That speaks well of the witnesses, and their view of professional ethics – or at least honesty.
But that’s why they had to be hidden from view. Even without seeing the rest of their testimony (which is presumably the reason they were called by the other side, not ours), there is no doubt that they would have helped our case, as much as, and maybe more than our own witnesses.