“Homosexual marriage is illegal. Homosexuality is not.”
Marijuana is illegal in many states as well as marijuana paraphernalia. Would it be wrong for a judge who owns drug paraphernalia to preside over drug cases? BTW, it was not so long ago that sodomy was indeed illegal. Was Walker a judge at the time and an avowed criminal? Just food for thought.
People made the same argument when a tobacco case went to the US Supreme Court.
Clarence Thomas is known to smoke cigars. So some wanted him off the case. I didn’t agree then. And I don’t agree now.
Catholic judges should not be automatically kept off cases having to do with priests who molested children.
Judges who smoke should not be automatically kept off cases involving freedom to smoke in public places.
Judges who once ran as a Republican should not be automatically excluded from cases having to do with partisan issues.
And same with this judge. If he has already prejudged the case and compromised himself, that is one thing. If not, the system will sort it out.