Miller admitted that some people voted for Proposition 8 based on stereotypes, but he could not say to what extent.

Then it got unpleasant for Miller. He has a new book that came out in 2009 in which he argues that initiatives that disadvantage minorities "can easily tap into an anti-minority sentiment". He even gave examples including initiatives directed towards restricting the rights of homosexuals. One of Miller's examples of initiatives that tapped into anti-minority sentiment and disadvantaged homosexuals was Proposition 22, the original ban on gay marriage that was overturned by the California Supreme Court.

Miller argued in his book that courts needed to strictly scrutinize initiatives and not be lenient because their role was to protect minorities from such initiatives. He had written in an article that "Once this majority puts its preference into the state constitution, the legislature and state courts can't take it out. Only federal courts are the remedy.".

A year later, Miller "no longer believes" his own book. In fact, he "did not believe all of it" when he wrote it. (Miller has just torpedoed his own career.)