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Additional info for Strangers to the Law: Gay People on Trial (Law, Meaning, and Violence)
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The pool of credentialed scholars and researchers who were likely to testify that gay people are politically powerful, historically well-treated, or psychologically unhealthy was even smaller. Consequently, the state relied on academics and activists who had only recently turned their attention to gay issues. Following Colorado's rules of civil procedure, each side identified its experts and provided a general description of its witnesses' anticipated testimony to the other. The state's experts were to help prove that Amendment 2'S discrimination was motivated by compelling government interests and therefore permissible.
Dubofsky felt strongly that the team should try to persuade the state to hold off enforcement voluntarily. Attorneys for the ACLU, Lambda, and Aspen were committed to the preliminary injunction route. The others, perhaps ambivalent about the options, did not take sides at that time. Dubofsky feared that the legal standard for winning a preliminary injunction order from the court was too high for the plaintiffs to meetthe plaintiffs would have to show that they would be irreparably harmed by the amendment taking effect and that they would likely win on the merits of the case.
Paul Talmey, a well-respected Colorado pollster, also testified on the state's behalf. " 2. Ultimately, Tanberg, Navratilova, and Doe each were dismissed as plaintiffsTanberg died, Navratilova had scheduling concerns should the state try to depose her during the discovery process, and Doe feared revelation of her identity. STRANGERS TO THE LAW 30 Closing Arguments After Talmey's testimony, the state rested its case. Plaintiffs' attorney Dubofsky then gave the plaintiffs' closing argument late Thursday afternoon.