Windsor v. The United States Of America

Filing 57

FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - DECLARATION of Dugan Exhibit C in Opposition re: 28 MOTION for Summary Judgment.. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Kircher, Kerry) Modified on 8/2/2011 (db).

Exhibit C Gary M. Segura, Ph. D. July 8, 2011 Page 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------EDITH SCHLAIN WINDSOR, in her capacity as Executor of the Estate of CLARA SPYER, Plaintiff, -against- 10-CV-8435 THE UNITED STATES OF AMERICA, Defendant. -------------------------------------(Caption continued on next page.) DEPOSITION OF GARY MICHAEL SEGURA, Ph.D. Gary M. Segura, Ph. D. July 8, 2011 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT -------------------------------------JOANNE PEDERSEN & ANN MEITZEN, GERALD V. PASSARO II, LYNDA DEFORGE & RAQUEL ARDIN, JANET GELLER & JOANNE MARQUIS, SUZANNE & GERALDINE ARTIS, BRADLEY KLEINERMAN & JAMES GEHRE, and DAMON SAVOY & JOHN WEISS, 310 CV 1750 Plaintiffs, (VLB) v. OFFICE OF PERSONNEL MANAGEMENT, TIMOTHY F. GEITHNER, in his official capacity as the Secretary of the Treasury, and HILDA L. SOLIS, in her official capacity as the Secretary of Labor, MICHAEL J. ASTRUE, in his official capacity as the Commissioner of the Social Security Administration, UNITED STATES POSTAL SERVICE, JOHN E. POTTER, in his official capacity as The Postmaster General of the United States of America, DOUGLAS H. SHULMAN, in his official capacity as the Commissioner of Internal Revenue, ERIC H. HOLDER, JR., in his official capacity as United States Attorney General, JOHN WALSH, in his official capacity as Acting Comptroller of the Currency, and THE UNITED STATES OF AMERICA, Defendants. -------------------------------------- Gary M. Segura, Ph. D. July 8, 2011 Page 3 1 2 3 4 DEPOSITION OF GARY MICHAEL SEGURA, 5 Ph.D., an Expert Witness herein, taken by 6 Defendant, pursuant to Agreement, at the 7 offices of Paul Weiss Rifkind Wharton & 8 Garrison, LLP, 1285 Avenue of the Americas, 9 New York, New York, on Friday, July 8, 2011, 10 at 9:15 a.m., before Margaret Eustace, a 11 Shorthand Reporter and notary public, within 12 and for the State of New York. 13 14 15 16 17 18 19 20 21 22 23 24 25 Gary M. Segura, Ph. D. July 8, 2011 Page 14 1 G. Segura 2 questions that attorneys might choose to ask 3 me. 4 with counsel. And I had a preparation session yesterday 5 6 MR. DUGAN: answer? 7 8 9 10 Can you read back that (Record read.) Q. What was the question that was posed to you for your affidavit? A. The question I was asked to address 11 was the relative powerfulness or powerlessness 12 of gays and lesbians in the political system. 13 Q. I want to ask about some of the 14 terminology you use in your affidavit, 15 throughout your affidavit you use the term gay 16 men or gays. 17 18 How do you define gay? A. I would define gay as an individual 19 who has primarily the same sex sexual 20 attraction and has adopted a public persona 21 consistent with that sexual attraction. 22 would distinguish it from homosexual or 23 homosexual acts, which I think is a more 24 complex undertaking. 25 Q. And I What -- how do you define homosexual? Gary M. Segura, Ph. D. July 8, 2011 Page 15 1 2 G. Segura A. So there is a broad class of 3 individuals who have same sex sexual 4 attraction. 5 sexual attraction alongside opposite sex 6 sexual attraction and they are generally 7 referred to as bisexual. 8 9 Some individuals have same sex But people who have primarily same sex sexual attraction fall into a number of 10 categories. 11 attraction and never act on it for whatever 12 reason, social convention, religious 13 upbringing, et cetera. 14 terms of orientation, homosexual, but they are 15 not engaging in homosexual acts and I would 16 not classify them as gay. 17 Some have same sex sexual They would be, in The second category is the more 18 technical one. These are individuals who do 19 act on their same sex sexual attraction, but, 20 again, for whatever reason, choose not to 21 socially identify as a person of that sort or 22 that type. 23 for example, when looking at STD transmission 24 or HIV transmission, never refers to gay or 25 homosexual. The Centers for Disease Control, They refer to men having sex with Gary M. Segura, Ph. D. July 8, 2011 Page 16 1 G. Segura 2 men because that is the clinical activity that 3 they are interested in, whether or not those 4 individuals choose to identify publicly as a 5 gay person or to identify themselves in that 6 community. 7 For gay and lesbian, I am talking 8 about individuals who not only have same sex 9 sexual attraction and act on it but choose to 10 identify it as part of their life structure. 11 Q. I think you hinted at it there, but 12 when you use the term lesbian, how do you 13 define it? 14 A. 15 16 A woman with primarily same sex sexual attraction. Q. Do you know what percentage of the 17 American population is gay, lesbian or 18 bisexual? 19 20 21 MS. KAPLAN: A. Objection to form. I do not know. So the most recent report I have seen 22 puts the number between 3 and a half and 4 23 percent for gay men and lesbians. 24 research I have read to prior to the most 25 recent report suggests that the rate is uneven The Gary M. Segura, Ph. D. July 8, 2011 Page 17 1 G. Segura 2 for men and women, that it might be more 3 common among men than women. 4 And for bisexuals, I am less 5 informed. 6 bisexuals. 7 Q. 8 9 I don't know the percentage of Have you written any articles on the question of gay and lesbian political power? A. I have written articles on gay and 10 lesbian issues, and in least in one instance 11 it was specifically on electoral opportunities 12 for gays and lesbians, so I guess that would 13 yes, but not around and abstract notion of 14 political power as that being the entire 15 purpose of the study. 16 17 18 Q. Have you taught classes on gay and lesbian political power? A. Yes. So in the 1990s I taught a 19 class called either Politics and Homosexuality 20 or Gay and Lesbian Politics, the name was 21 different at different institutions. 22 And in that course, we considered in 23 depth whether or not gays and lesbians possess 24 sufficient political power to protect their 25 basic interests, so this was a very live topic