2A - Monday, December 6, 2010

The Michigan Daily - michigandaily.com M

2A - Monday, December 6, 2010 The Michigan Daily - michigandailycom

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MONDAY: TUESDAY:
SOther v Towers Michigan Myths

WEDNESDAY:
Professor Profiles

THURSDAY: FRIDAY:
Campus Clubs Photos of the Week

XMAS PREP

Pledges misled by fake sister

Florida State University freshman Ash- who is responsible,
ley Atchison, a Kappa Delta pledge, left
school for the fall semester after falling COLUMBIA WARNS STUDENTS
victim to a Facebook scammer, according ABOUT WIKILEAKS
to an article in The Huffington Post. Students of Columbia University's
In an interview with The Today Show School of International and Public Affairs
on Dec. 2, Atchison discussed how she received an e-mail from the univer-
began talking with the perpetrator, sity's Office of Career Services warning
according to The Huffington Post. The them not discuss documents released by
scammer, claiming to be a sorority mem- WikiLeaks over Facebook, Twitter or
ber, informed Atchison she was a can- other social media sites, according to a
didate for a leadership position in the Dec. 4 article in The Huffington Post.
sorority and started talking with her. Officials at the school's office of Career
In later chats, the scammer asked ques- Services explained in the e-mail that an
tions about the color of her underwear alum of the school advised the career ser-
and proceeded to ask her to "ball them vices office to inform students interested
up and put them in my mouth," Atchison in jobs with the federal government not to
explained, according to The Huffington discuss the WikiLeaks documents online.
Post. "The documents released during the
The Today Show reported women at past few months through WikiLeaks are
Auburn University, the University of Flor- still considered classified document,"
ida, the University of Alabama and Loui- according to the e-mail published in The
siana State University have faced similar Huffington Post. "Engaging in these
attacks, according to The Huffington Post. activities would call into question your
The police currently have no leads as to ability to deal with confidential informa-

tion which is part of most positions with
the federal government."
MASCOT GETS DISORDERLY
During the Cincinnati Bearcats 28-10
loss to Pittsburgh at home Saturday, the
crowd and the Cincinnati mascot got into
asnowballfight, accordingtoaDec. 4 arti-
cle in The Cincinnati Enquirer.
The mascot was identified as M. Robert
"Bobby" Garfield III - a senior at UC's
College of Design, Architecture, Art and
Planning - according to the Enquirer.
Garfield began throwing snowballs at the
crowd. In response, students threw snow-
balls back, hitting him and other people.
When asked to stop by a police officer,
Garfield pushed the officer causing them
both to fall to the ground, the Enquirer
reported.
According to the Enquirer, Garfield
was escorted from the game and cited for
disorderly conduct. A back-up mascot took
his place for the remainder of the game.
- JULIE HALSEY

SAMANTHA TRAUBEN/Daily
Ann Arbor residents Bog and Peggy
Goldston shop for holiday gifts in Kerrytown.

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The Michigan Daily (ISSN 0745-967) is published Monday through Friday during the fall and
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CRIME NOTES
Tired man naps Pile of clothes
outside cafe fuels trash fire

WHERE: Michigan League
WHEN: Thursday at about
3:15 p.m.
WHAT: A male subject unaf-
filiated with the University
was discovered napping out-
side the cafe in the League,
University Police reported.
After a staff member com-
plained, the man was awak-
ened by police and led out.
Stamp raid
WHERE: North Campus
Administrative Complex
WHEN: Friday at about 2:15
a.m.
WHAT: $267 worth of
stamps were stolen from the
mail room, University Police
reported. Nothing else was
stolen.

WHERE: Lot M-76
WHEN: Friday at about 11:15
a.m.
WHAT: Police discovered
a small fire on the ground,
University Police reported.
Among the items fueling the
fire were a pile of clothes and
other trash. There are no sus-
pects.

CAMPUS EVENTS & NOTES
Talk on Liberia Country tunes Ninety percent of foot
WHAT: A discussion featur- WHAT: A performance by problems in the United
ing Jody R. Lori, an assistant country musician John Berry States are directly related
clinical professor, and Carol from his albums, "Your Love to wearing shoes, USA Today
J. Boyd, a women's studies Amazes Me" and "0 Holy reported. Problems such as
professor. Speakers will talk Night Live." Tickets are $25 fiat foot, fallen arches, bunions
about effects of the current for general admission and and even knee injuries can be
health care system in Liberia. $32 for reserved seating. traced back to wearing shoes, a
WHO: Institute for Research WHO: Michigan Union professor said.
on Women and Gender Ticket Office
WHEN: Today from noon to WHEN: Tonight at 8p.m. Freshman Fabio Pereira
1:30 p.m. WHERE: The Ark

WHERE: Michigan Union,
Pnmd Rnn

rona..oom
Purse unscathed . sClassical music
Fnls tS ress
after $200 theft WHAT: A concert,
e management conducted by Michael
WHERE: Taubman Health Haithcock, featuring
Center WHAT: A student-only neo-classical pieces.
WHEN: Saturday at about 10 session to help deal with WHO: School of Music,
a.m. end-of-semester stress Theatre & Dance
WHAT: A woman affiliated and offer study strategies, WHEN: Tonight at 8 p.m.
with the University reported time-management skills WHERE: Hill Auditorium
that $200 was stolen from and crammingmethods.
her purse, University Police WHO:aCounseling ands CORRECTIONS
reported. Psvelonten leries

scored his first career ga
in double overtime on Sat-
urday as the Michigan men's
soccer team upset Maryland
and earned it's first ever berth
into the NCAA College Cup.
> FOR MORE, SPORTSMONDAY, INSIDE
In a survey of airline
foods, United Airlines
ranked first for offering
the healthiest options, the Chi-
cago Tribune reported. JetBlue
Airways and American Air-
lines ranked second and third,
while U.S. Airways was rated
one of the lowest for healthy
food choices.

MORE ONLINE
LoveCimeNotesGetmoreonlineatmichigandaily.com/blogs/The Wire

WHEN: Today from 1 p.m.
to 2 p.m.
WHERE: Michigan Union,
Room 3100

" Please report any
error in the Daily to
corrections@michi-
gandaily.com.


California gay marriage foes
plan on win in second round

Prop. 8 advocates
have difficulty
defending position
in first federal trial
SAN FRANCISCO (AP) - The
defenders of California's gay
marriage ban took a pummeling
during the first federal trial to
explore the civil rights implica-
tions of outlawing same-sex mar-
riages. They summoned only two
witnesses, one of whom left the
stand looking thrashed. Even the
lead attorney was left groping for
words when pressed to explain
how allowing gays and lesbians to
wed would undermine traditional
unions.
If the courtroom had been a
boxing ring, the referee would
have called a knockout.
Yet lawyers for the ban's spon-
sors say their side was on the
ropes for a reason: They disputed
that live testimony and reams of
evidence were relevant to a law-
suit against the voter-approved
Proposition 8, so they did not pro-
vide it. In their view, the proceed-
ings were a "a show trial," and
they were willing to invite the
unfavorable verdict they eventu-
ally got while betting they would
win in a later round where the
ground rules would be different.
"Something that has been lost
sight of is who has the burden
of proof in this case," Andrew
Pugno, a lawyer for Proposition
8's sponsors, said at the 13-day-
long trial's close. "The burden
is not on the defendants and the
people who voted for Prop 8."
That strategy's wisdom will be
put to its first test today, when a
federal appeals court is set to hear
arguments in Perry v. Schwar-
zenegger, the landmark con-
stitutional challenge to the gay
marriage ban. The coalition of
religious and conservative groups
that won Proposition 8's passage
two years ago has asked the 9th
U.S. Circuit Court of Appeals to
reverse the San Francisco judge
who pointed to their "rather lim-
ited factual presentation" when
he struck down the measure.
Despite the lopsided trial
record, most legal experts agree

the defense team's reasoning
is not far-fetched. They say the
three-judge panel could discount
the exhaustive trial evidence that
Chief U.S. District Judge Vaughn
Walker laid out in his August
decision. In its place, the panel
could substitute studies that were
barely discussed in Walker's court
or, more likely, its own interpreta-
tion of relevant case law.
"I can't say whether the case
was litigated well or badly," said
Eugene Volokh, a UCLA law
school professor whose popular
legal-affairs blog was inundated
with comments from observ-
ers critical of the defense's trial
performance. "If the question is
whether they should have intro-
duced more witnesses at trial, I'm
skeptical it would have done any
good. It certainly wasn't neces-
sary, and I'm not sure it would
have been at all helpful."
Proposition 8's support-
ers maintain Walker erred by
employing "standard courtroom
fact-finding" to a case that, unlike
a criminal trial where a singu-
lar event is in dispute, hinged on
broader questions of policy, tradi-
tion and legal precedent.
"The district court based its
findings almost exclusively on
an uncritical acceptance of the
evidence submitted by plain-
tiffs' experts, and simply ignored
virtually everything - judicial
authority, the works of eminent
scholars past and present in all
relevant academic fields, exten-
sive historical and documentary
evidence - that ran counter to its
conclusions," they wrote in their
opening brief.
They also are hoping to per-
suade the appeals court panel that
the lower court judge improperly
demanded proof for their claim
that permitting same-sex mar-
riages would undermine mar-
riage's "central animating societal
purpose" of promoting responsi-
ble childbearing among men and
women.
University of Pittsburgh law
school professor Arthur Hellman
said the stakes for gay marriage
opponents rose this week with
the random selection of three
judges to hear the appeal. Two
are Democratic appointees, one
among the court's most liberal

members.
Even if they affirm Walker's
ruling, Hellman said the appellate
judges are unlikely to do so simply
because the plaintiffs presented
17 witnesses compared with the
two defense witnesses.
"It is unlikely the court would
consider itself bound and limited
by what happened in the district
court, that it could not go beyond
the trial record," he said.
Walker made it clear he planned
to assess the validity of hotly
debated questions surrounding
same-sex marriage based on what
he heard in his courtroom. Are
laws limiting marriage to a man
and a woman based on prejudice
or religion? How does denying
gays and lesbians the right to wed
affect children? Do people choose
their sexual orientations?
Lawyers for the two same-sex
couples who sued to overturn
Proposition 8 offered testimony
from the couples, political scien-
tists, psychologists, a man who
had been forced to undergo
unsuccessfully therapy to become
heterosexual and a Proposition 8
supporter summoned as a hostile
witness.
The defense cross-examined
those witnesses at length and
introduced studies intended to
undercut their accounts. But their
witness list consisted of a politi-
cal scientist who Walker later
concluded was not an expert in
gay and lesbian issues and a self-
educated scholar on fatherhood
whose opinions the judge dis-
missed.
Boston University family law
professor Linda McClain said she
thinks the decision "not to put on
much of an evidentiary case" was
an "imprudent litigation strategy."
McClain nonetheless notes
that it would only take persuading
two of the panel's members that
Walker was wrong in concluding
that marriage is a fundamental
right under the U.S. Constitution
for Proposition 8 to be preserved.
If the 9th Circuit ends up agree-
ing that Proposition 8 is unconsti-
tutional, the U.S. Supreme Court
is expected to step into the case.
"In theory, basic rules on
appeal would be the reviewing
court should be very deferential
to the trial court," she said.

isMAEL eReNsc~o/APs
Cuban President Rau Castro lights a Hanukkah candle last night during a ceremnony at a synagogue in Havana, Cuba.
President Castro celebrates
M E a
Hanukah ith ubanJew

Raul Castro dons
yarmulke, lights
candles in support
HAVANA (AP) - President
Raul Castro celebrated Hanuk-
kah yesterday with Cuba's tiny
Jewish community, a heavily
symbolic act at a time when his
government is holding a Jewish-
American subcontractor on sus-
picion of spying.
Neither Castro nor those
assembled at Havana's Shalom
synagogue mentioned the name
Alan Gross during the gather-
ing, which was broadcast on the
state-television newscast yester-
day evening. But Gross's one-year
detention without charge was the
elephant in the room.
The U.S. government says
Gross was in Cuba as part of a
USAID program to distribute
communications equipment to
the island's 1,500-strong Jewish
community, and both the State
Department and Gross's wife,
Judy, made fresh appeals this
week for his release. The lead-
ers of Havana's two main Jewish
groups have denied having any-
thing to do with him.

Castro wore a suit and a yar-
mulke, the head covering which
observant Jews wear as a symbol
of their deference to God, and
was given the honor of lighting
the first candle of the menorah.
It was the first time in more than
a decade that either Castro or his
brother Fidel appeared with the
Jewish community at a religious
celebration like Hanukkah.
The brothers have gone out of
their way to show their support
for the Jewish people in recent
months.
Fidel Castro took time out from
his warnings about a looming
nuclear war pitting the U.S and
Israel against Iran to say that he
disagreed with Iranian President
Mahmoud Ahmadinejad's denials
of the Holocaust. He said: "I don't
think anyone has been slandered
more than the Jews" adding that
Jews "were expelled from their
land, persecuted and mistreated
all over the world."
The comments won rare praise
from Israeli President Shimon
Peres and Prime Minister Benja-
min Netanyahu.
Raul Castro, who took over
the presidency from his brother
in 2006, thanked his hosts for a
"very enjoyable afternoon," and

said he hoped to have more time
on another occasion to come and
talk about "the Hebrew commu-
nity in Cuba and the fabulous his-
tory of the Hebrew people."
Castro noted that he will turn
80 in June, but said he was "in
good health." He said he was
pleased that his country had
begun to hold discussions on the
need for a major economic over-
haul. Cuba has announced that it
is laying off 500,000 state work-
ers, while allowing for more pri-
vate enterprise.
Gross, a native of Potomac,
Maryland, was arrested Dec. 3,
2009. His family denies he was
spying, saying he brought com-
munications equipment for use by
the local Jewish community, not
dissidents. The U.S. government
says his continued detention is a
"major impediment" to improved
ties between the two Cold War
enemies.
Hanukkah is the Festival of
Lights for Jews. The holiday com-
memorates the rededication of
the Jewish Temple in Jerusalem
in 164 B.C. According to tradi-
tion, a candelabra was lit with
only enough oil for one day, but
it miraculously burned for eight
days.

,