Day 11 of Prop 8 trial: Religion an essential part of Prop 8 ban

Miller was called as a witness Monday by lawyers for the sponsors of Proposition 8 to testify about the political power of gays and lesbians in California.

The testimony was aimed at refuting the plaintiffs' argument that homosexual rights are entitled to the highest level of court protection because gays lack political power and have suffered discrimination.

Miller said Monday that gays in California have access to many "key determinants of political power," including money-raising ability and alliances with political leaders, religious groups and unions.

During cross-examination this morning, plaintiffs' attorney David Boies homed in on the claim that churches allied with gay advocates in opposing Proposition 8.

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Miller also acknowledged writing, "Churches and religious organizations supplied most of Proposition 8's institutional support, with Catholics, Evangelicals and Mormons leading the way."

Proposition 8 sponsors contend the ballot initiative is constitutional because it was not motivated by prejudice and is a reasonable way of preserving the traditional definition of marriage and promoting children's welfare.

At the end of Miller's testimony this morning, Proposition 8 attorney David Thompson asked him to compare that initiative with other ballot measures that sought to limit gay rights.

Miller answered, "Marriage is a different situation and the people should be able to have input on the definition of marriage. It isn't necessarily invidious discrimination against a minority group."

Walker leaned over from the bench and asked whether it is ever appropriate for the judiciary to intervene in the initiative process.