Constitutional Law

‘Brokeback Mountain’ Cited in Gay Marriage Trial

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A lawyer seeking to uphold California’s ban on gay marriage asserted Wednesday that gays are gaining acceptance, pointing to the movie Brokeback Mountain as evidence of a new societal attitude.

Lawyer David Thompson referred to the movie and the television show Will & Grace in his cross-examination of Yale history professor George Chauncey, according to the San Francisco Chronicle and the Los Angeles Times.

The plaintiffs claim the Proposition 8 ballot measure that banned gay marriage was rooted in prejudice, an argument that would make it easier to prove a violation of equal protection, the Chronicle explains.

Thompson cited other examples besides the media portrayals. He said that most medical organizations no longer classify homosexuality as a disorder, and said federal agencies and most large companies ban discrimination against gays.

Chauncey agreed that “there has been a shift in public opinion,” but said gays and lesbians “continue to encounter tremendous hostility.”

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