Professor defends ad

ProtectMarriage.com released its second television ad Oct. 8, featuring Pepperdine law professor Richard Peterson, urging Californians to "vote yes" on Proposition 8. This would effectively place a ban on same-sex marriage in the state.

The ad featured a skit in which a young girl approaches her mother and tells her that in school she "learned a prince can marry a prince, and I can marry a princess."

Peterson steps in with, "Think it can't happen? It's already happened." He goes on to explain that after Massachussetts legalized same-sex marriage, elementary schools began teaching that "boys can marry boys."?

Despite Pepperdine administrator's request to have the reference to Pepperdine removed from the first ad, Pepperdine University's School of Law is referenced throughout the second ad, with a small disclaimer at the bottom of the screen that reads, "For identification purposes only."

In an e-mail sent to faculty members on Oct. 14, President Andrew K. Benton explained the organization running the ads originally removed the Pepperdine reference after the administration's first request, but it later put it back in without permission to make the ad more effective.

"Just prior to running a second ad, the campaign announced to us that, in their opinion, it would be more effective if Pepperdine's name was back in," Benton wrote. "They added a disclaimer, albeit so small and bare, that most do not see it. It was not the language which we had suggested. They did not ask us; they told us what they were going to do, and they did it."

Frank Schubert, representative for ProtectMarriage.com, said the university was aware Peterson would appear in the ad.

"Richard Peterson agreed to be in our ad because he is an expert and strongly agrees with the belief that gay marriage will be taught in public schools unless Prop. 8 passes," Schubert said. "As is customary in advertising, we listed his title as a Professor of Law at Pepperdine University School of Law. It was obvious from the spot that he was not speaking for the university."

Many students agree the disclaimer does not sufficiently distance Pepperdine from the ad. For example, junior Senator Alexander Pennekamp, who created a Facebook group entitled "I'm Against Pepperdine's Decision to Endorse Prop 8," called the second ad "shocking" and said he does not know how it could happen twice.

"I don't think [the disclaimer is] sufficient, I didn't even notice [the disclaimer] the first time I watched it," Pennekamp said. "Our name is still attached to it. It's not a good alternative to not having our name on the ad at all. It makes it seem as if [Peterson's] speaking on behalf of us, as Pepperdine University."

Many individuals and groups opposed to Proposition 8 also allege that Peterson's statements in the ad are untrue, specifically the statement that teachers will be required to instruct students that there is no difference between same-sex marriage and traditional marriage.

California Superior Court Judge Timothy Frawley issued an opinion in August, which stated some of the ballot arguments in support of Proposition 8 are "false and misleading."

Frawley cites California laws, which state "school districts are not required to teach anything about marriage or same-sex marriage at any grade level," and the education code mandates that parents are allowed to excuse their children from any instruction which violates their moral or religious beliefs.

In addition, several gay, lesbian, bisexual, transgender (GLBT) attorneys met on Oct. 21 to consider placing a hiring freeze on Pepperdine School of Law graduates due to Peterson's appearance in the ad and what they believe as his reliance on faulty legal reasoning.

Bob Conti, an attorney at Goldman Magdalin Krikes, a Workers' Compensation Defense and Civil Litigation firm in Los Angeles, said he contacted Benton and expressed concern with the University's "tacit approval" of the use of Pepperdine's name in the ad.

Conti suggested that Pepperdine should have taken legal action to have the name removed.

"Even if [Pepperdine] tried and lost, that in our minds, really would have spoken volumes," Conti said. "If they had attempted to take legal action in order to have the name removed in the form of a TRO or an injunction, we would have said, 'You know what, at least they tried.'"

However, Peterson said everything he stated in each of the ads is true, and he stands by his statements.

"I think the Pepperdine community needs to know they don't have a professor who's a liar," Peterson said. "The statements made in the ad are true, and no serious scholar doubts or questions the reality of those three things: people being sued for personal beliefs, tax exempt status being challenged and gay marriage being taught in public schools."

Pepperdine's political neutrality has been questioned as a result of Peterson's appearance in the ad, as well.

Brad Benham, a 2008 School of Law alumnus and Director of Alumni, said the Alumni Affairs Office has received several hundred phone calls and e-mails from individuals in support of and in opposition to Proposition 8. Benham said some alumni have implied they will stop donating to the University as a result of the ad.

"My concern and fear is that some will not give us the chance to respond to their concerns," Benham said.

In Benton's e-mail to faculty, he expressed concern over the inaccurate perception that Pepperdine is involved in the campaign for Proposition 8 and urged faculty members to "clear up the confusion" among anyone who asks.

"Without any involvement in the campaign, Pepperdine has been lionized and vilified," Benton wrote. "We have been given credit where it is not due and blamed beyond anyone's wildest imaginings … Whether the writers are for or against Prop 8, I take no comfort from either position, as it puts us where we don't belong - in partisan politics."