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Prop 8 Attorney Cites 'Brokeback Mountain' and 'Will & Grace' as Evidence Gay People Do Not Face Discrimination


From Day 3 of the Prop 8 trial via LGBT POV. Karen Ocamb citing some liveblogging of the trial by Davina Kotulski:



Thompson, the smug attorney for the Proponents of Prop 8, is taking the position that gays are not being discriminated against any more and so that cannot be the reason that Prop 8 passed.

He makes a point and then asks Professor Chauncey if that is correct.

He’s mentioning Will and Grace, the movie Philadelphia, and Brokeback mountain as evidence that LGBT people are not being discriminated again.


Did I miss something? Nancy Pelosi is our fierce advocate?

Thompson says she is.

Thompson-“Homosexuals couldn’t get hearings in the 1950s, but today you have Barney Frank and he’s a powerful ally of gays and lesbians, correct?”

Thompson, “You have AIDS funding, isn’t that important to gays and lesbians, correct?”

Thompson, “Thousands of employers have non-discrimination policies,


The citation was confirmed via Twitter by the American Foundation for Equal Rights (top).

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  1. If that's you case, explain to me why it took the United States of America 24 Years to end Segregation of the african-american community after Hattie McDaniel was awarded an Oscar (1940)? I am really curious what history book the YES on 8 people read in Jr. High???????

    Posted by: Turlie HK | Jan 13, 2010 1:30:48 PM

  2. Interesting because this is a very right wing argument he is putting forward and I wonder what Olson will say, especially after he got affirmitive action dismissed.

    As a black person, I got this argument ALL the time growing up in Europe and lol, Europe in the 80's was not that diverse...AT ALL but they would site stuff like this to prove their is no racism around and that it is all in your imagination.

    Posted by: Rowan | Jan 13, 2010 1:31:32 PM

  3. Wow. That's like the dumbest argument ever.

    Posted by: me | Jan 13, 2010 1:34:29 PM

  4. WTF?????????????? Seriously? That sounds incredibly desperate. Sounds like they know there isn't much hope in winning here so they're gonna throw this and wait till it goes to the Supreme Court.

    Anyone? Anyone? Bueller?

    Posted by: JR | Jan 13, 2010 1:35:30 PM

  5. To quote my coworker, "For christ's sake, that's like saying "Good Times" is proof there's no discrimination against black people.

    Posted by: Rob | Jan 13, 2010 1:36:33 PM

  6. Yes, because a movie about two closeted cowboys with an unhappy ending shows how far we've come (and I loved Brokeback, but come on!).

    If all it took was a movie winning an Oscar to end gay bashing (and a cursory glance at this site shows that practice is alive and well), employment discrimination, housing discrimination, adoption discrimination, then it would have happened a long time ago.

    This line of reasoning gets me so angry.

    Posted by: Alex | Jan 13, 2010 1:37:15 PM

  7. And the Xians have Kirk Cameron & Left Behind and Mel Gibson & The Passion of the Christ. Therefore Tony Perkins should shut up about the "discrimination" Xians suffer (pulled yard signs, etc.)

    (Xians also have VeggieTales, but perhaps we can lay claim to Lazytown?)

    Posted by: latebrosus | Jan 13, 2010 1:37:31 PM

  8. Someone should ask him whether gay men and lesbians have equal marriage rights.

    Posted by: Steve in DE | Jan 13, 2010 1:38:26 PM

  9. That's like saying that a bit of crust is equal to a loaf of bread.

    Posted by: SammySeattle | Jan 13, 2010 1:38:37 PM

  10. And what was the ending for those characters?

    They all have to die or end up single so society can say: its ok. There is never a happy ending for a gey role in POP TV.

    Posted by: Raul | Jan 13, 2010 1:42:23 PM

  11. I guess he failed to watch all of "Brokeback Mountain" where the main character is murdered for being gay. Now that is really non-discriminatory! What an idiot!

    Posted by: Leto | Jan 13, 2010 1:43:30 PM

  12. Ignorant baffoon.

    Posted by: sunset10086 | Jan 13, 2010 1:46:08 PM

  13. So far, their legal arguments have just been silly and weak (bible says its so, Will and Grace means equal rights) ...

    If they keep it up, they are digging their own grave. More power to them ...

    Posted by: SmartAss | Jan 13, 2010 1:46:43 PM

  14. So offensive and insulting. The attorney that used that as a legal argument should be disbarred for incompetency.

    Posted by: David in Houston | Jan 13, 2010 1:51:46 PM

  15. This is NOT as much about GAY MARRIAGE as it is about EQUAL rights. When we as Americans don't fight for everyone's rights, we are in jeopardy of losing our own. This country has made huge mistakes throughout history (The Salem Witch trials, SLAVERY, discrimination ...still, locking up Japanese AMERICANS, WOMENS rights...the list goes on and on)Don't let this be another one. No matter WHAT you think about the issue on a personal level, please fight for EQUAL rights!
    This video is very powerful. Please watch it and pass it around to everyone.

    Posted by: Sudschick | Jan 13, 2010 1:54:22 PM

  16. "I guess he failed to watch all of "Brokeback Mountain" where the main character is murdered for being gay. "

    Well, that is actually not how Brokeback Mountain ends. But that's neither here nor there.

    Posted by: crispy | Jan 13, 2010 1:55:12 PM

  17. He can't be making that argument seriously -- there's got to be some sort of larger point afoot. Otherwise, he's just insulting intelligence -- generally.

    Posted by: Cameron Johnson | Jan 13, 2010 1:56:45 PM

  18. Seriously -
    Is this the best they have!?

    Posted by: Jake | Jan 13, 2010 2:03:12 PM

  19. i'm with JR and Cameron... unfortunately, methinks this is part of a plan to intentionally throw the case and save their "big guns" (if they have them) for the supreme court, whee we all know this is going to end up...

    Posted by: matt | Jan 13, 2010 2:08:37 PM

  20. The WILL & GRACE defensive. Smarmy beyond belief.

    Posted by: Taylor Siluwe | Jan 13, 2010 2:13:32 PM

  21. wow... wow...

    Posted by: TJ | Jan 13, 2010 2:14:29 PM

  22. When Brokeback Mountain came out I was living in Johnson City, TN. It's probably the most gay-friendly city in Tennessee, due to the influence of East Tennessee State University. That still didn't help me feel safe enough to go see it in the one theater within 45 miles that had the guts to play it. He's an idiot.

    Posted by: Aaron Akins | Jan 13, 2010 2:14:58 PM

  23. Apparently they didn't watch these movies/tv shows, since they clearly depict in them HOW inequality exists and afflicts the lives of GLBTQ Americans.


    Posted by: Baby Jane | Jan 13, 2010 2:15:01 PM

  24. What about the Tony Awards???

    Posted by: Tralfaz | Jan 13, 2010 2:17:31 PM

  25. First, to a previous commenter - I must make a distinction here between Christians and "religious" people. There are many gay people who are Christians, who understand the message of the Christian New Testament to be love of everyone.

    On the focus of this story, I find myself wondering if we will live to see the day that such discrimination does not exist on such a grand scale.

    Posted by: Rich | Jan 13, 2010 2:23:02 PM

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