Is sexual orientation immutable?
“A key legal element of [the plaintiffs’] constitutional claim requires them to prove that sexual orientation is ‘immutable’ (cannot be changed) in order to have the same high level of constitutional protection as for race and gender,” wrote Andrew Pugno, lead counsel for ProtectMarriage.com, the official proponent of Proposition 8, wrote Saturday. “If the court sides with the plaintiffs on this and establishes a new legal precedent declaring homosexuality to be ‘immutable’ like race and gender, it becomes far more difficult for any state to continue the traditional definition of marriage,” wrote Mr. Pugno in his blog on the case Sunday. On Friday, one the plaintiffs’ last witnesses, psychology professor Gregory Herek, said studies have shown that 95 percent of gay men and 80 to 90 percent of lesbians believe that personal choice did not determine their sexual orientation. “Although we see that the vast majority of people are consistent in their [sexual] behavior, their identity, and t
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