Lawyers for two same-sex couples suing to overturn the voter-approved ban known as Proposition 8 are trying to prove that deep-seated prejudice motivated the measure.

Plaintiffs' attorney David Boies asked Miller, "You do agree there are some gays and lesbians who are fired from their jobs, refused jobs and paid less because of their sexual orientation?"

"I have no reason to disagree with that. I expect that's the case," Miller replied.