Posted on 02/07/2010 10:47:44 AM PST by SmithL
The biggest open secret in the landmark trial over same-sex marriage being heard in San Francisco is that the federal judge who will decide the case, Chief U.S. District Judge Vaughn Walker, is himself gay.
Many gay politicians in San Francisco and lawyers who have had dealings with Walker say the 65-year-old jurist, appointed to the bench by President George H.W. Bush in 1989, has never taken pains to disguise - or advertise - his orientation.
They also don't believe it will influence how he rules on the case he's now hearing - whether Proposition 8, the 2008 ballot measure approved by state voters to ban same-sex marriage, unconstitutionally discriminates against gays and lesbians.
"There is nothing about Walker as a judge to indicate that his sexual orientation, other than being an interesting factor, will in any way bias his view," said Kate Kendell, head of the National Center for Lesbian Rights, which is supporting the lawsuit to overturn Prop. 8.
As evidence, she cites the judge's conservative - albeit libertarian - reputation, and says, "There wasn't anyone who thought (overturning Prop. 8) was a cakewalk given his sexual orientation."
(Excerpt) Read more at sfgate.com ...
“Judge shopping, right?”
No.
That’s a false argument.
No, it is not.
Bullsht. So far the judge has done anything but acted impartially in this case. That fact that he is gay, now explains his actions up to this point. *IF* he had acted like a judge so far instead of a flaming activist, you may have an argument.
>> Unbelievable! Why was this guy not removed from this case?
I guess he can only prove his judicial integrity if Prop 8 is not ruled unconstitutional. /s
But seriously, the judge that is sympathetic to the minority position will always be more suspect than the one that is not. Do we know if Walker is a proponent of SSM?
“So far the judge has done anything but acted impartially in this case.”
That is a question that will be answered by the SCOTUS.
It would be the same if the case was about sexual abuse of a horse. How could a judge who was into bestiality be allowed to judge? Would they really need to find a judge who was neither for nor against sex with horses? That is ridiculous.
>> Anyway, it’s nice to know the fix is in.
A “Read my lips” appointment nonetheless.
...just like race was a "non-issue" during OJ's trial....
“It would be the same if the case was about sexual abuse of a horse. How could a judge who was into bestiality be allowed to judge? Would they really need to find a judge who was neither for nor against sex with horses? That is ridiculous.”
Yes, what you have posted is ridiculous.
Gosh, you think?
You have nothing to stand with your claim that the judge would be biassed.
And you sound like Jesse Jackson or Al Sharpton screaming that African American defendants should always be put on trial before an African American judge and a jury made exclusively of African Americans.
“Evil people always support each other; that is their main strength.”
Alexander Solzhenitsin
>> That is a question that will be answered by the SCOTUS.
I agree.
Good luck defending your reasoning. Of course, being among the minority on this issue, your ‘judgment’ of the judge is predictable — as is the majority’s view.
So they quote a lesbian activist who says he won’t be biased. Why am I not convinced that she is a credible witness?
Judge Vaughn Walker
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It is impossible for someone suffering from an abnormality to give even the appearance of unbiased reasoning to it. Doubly so, considering the emotional baggage that almost always comes with the problem.
This judge should not be involved with the case.
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