Does Walker have a conflict? { Homosexual judge to decide Prop 8 }

San Francisco Chronicle ^ | 2/9/10 | Debra J. Saunders

[SmithL]

In the circle of lawyers and judges I know, U.S. District Judge Vaughn Walker is a giant. He is a brilliant jurist, legal eagles will tell you, who has insightful, and often unexpected, opinions. He's funny and charming - and he's gay.

As Walker has presided over the trial challenging Proposition 8 - the California 2008 ballot initiative that limited marriage to a man and a woman - the legal community wondered when his sexual orientation would become an issue. After much discussion among editors, The Chronicle ran a column Sunday by Phil Matier and Andrew Ross that reported on "the biggest open secret" in the landmark case. To some readers, the decision to run, or not to run, a story about a judge's private life might seem cut and dried. It is not.

Editors, reporters and columnists have to juggle privacy with the public's right to know. (It would be wrong to accuse The Chronicle of "outing" Walker when he already was out.)

Until Sunday, it seemed inevitable that however Walker ruled, the losing side would bring up his sexual orientation. If he overturned the measure, losers would hit the conservative media to argue that with a gay judge presiding, the fix was in from the start. If Walker upheld the measure, angry gay activists would denounce him as a self-loathing turncoat.

Now, whatever Walker decides, the public can't complain that he had a sub rosa agenda.

Walker is not a predictable man. As a private attorney, he tangled with San Francisco's Gay Olympics to protect the U.S. Olympic Committee's brand name. Appointed to the bench by President George H.W. Bush, Walker's libertarian streak has led him to advocate legalizing drugs.

But I still wonder if he should have recused himself from this case.

[SmithL]

He's been telegraphing his contempt of Prop 8 and its supporters from the very beginning.

[SmithL]

Walker, Vaughn R.

Born 1944 in Watseka, IL

Federal Judicial Service:
Judge, U. S. District Court, Northern District of California
Nominated by George H.W. Bush on September 7, 1989, to a seat vacated by Spencer M. Williams; Confirmed by the Senate on November 21, 1989, and received commission on November 27, 1989. Served as chief judge, 2004-present.

Education:
University of Michigan, A.B., 1966

Stanford Law School, J.D., 1970

Professional Career:
Law clerk, Hon. Robert J. Kelleher, U.S. District Court, Central District of California, 1971-1972
Private practice, San Francisco, California, 1972-1990

Race or Ethnicity: White

Gender: Male

[MrRobertPlant2009]

There is a reason that white and black judges must recuse themselves from civil right cases.

/Checks law books.

Apparently, that does not happen. Never mind.

[Las Vegas Ron]

What is there to decide?

Prop 8 is an amendment to the State Constitution so is he going to decide if the Constitution is Constitutional?

[Las Vegas Ron]

There is a reason that white and black judges must recuse themselves from civil right cases.

Well said, what a tangled web we have woven for ourselves, just goes round and round and round...

[Dustbunny]

If he is a homosexual, why is he allowed to make a ruling on Prop 8.

Oh, gee, darn, I should have realized, that is the reason he was chosen.

[rcrngroup]

In the circle of lawyers and judges I know, U.S. District Judge Vaughn Walker is a giant. He is a brilliant jurist, legal eagles will tell you, who has insightful, and often unexpected, opinions. He's funny and charming - and he's gay.

Brilliant jurist? I doubt it very much!

A 66 yr old faggot judge! Two wrinkled homos together, how nauseating is that mental picture? Like he is really able to offer an impartial judgement on anything when his sick, perverted debauched mind & life-style & homosexual/lesbian agenda pulls him constantly in the direction to render judgements that are pure evil.

I think the Bible aptly describes Vaughn Walker...

Isaiah 5:20 Woe unto them that call evil good, and good evil; that put darkness for light, and light for darkness; that put bitter for sweet, and sweet for bitter!
5:21 Woe unto [them that are] wise in their own eyes, and proud in their own sight!
5:23 Which justify the wicked for reward, and take away the righteousness of the righteous from him!

[stephenjohnbanker]

This is similar to giving the census to ACORN ;-)

[apillar]

In the long run, his decision is irrelevant which ever way he rules, because the losing side is going to appeal this all the way to the Supreme Court. In fact, a gay judge ruling against prop 8 might be good in the short term too get social conservatives really riled up in time for the 2010 elections like the assault weapons ban did in 1994.

[dmz]

If he is a homosexual, why is he allowed to make a ruling on Prop 8.

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So married judges should recuse themselves from Defense of Marriage cases?

[I Buried My Guns]

So, this homosexual activist judge has been pronounced, in the first sentences, as:

A) "a (legal) giant".
B) "a brilliant jurist".
C) "insightful".
D) "funny and charming".

Gosh, he's like the second coming of Jesus, except he'll give you home decor tips also, and even Jesus didn't do that.

[Cicero]

Now, whatever Walker decides, the public can't complain that he had a sub rosa agenda.

Yeah, sure. After it's too late to change judges.

[VeniVidiVici]

Gosh, he's like the second coming of Jesus, except he'll give you home decor tips also, and even Jesus didn't do that.

LOL!

[Myrddin]

It's going to get appealed no matter how it turns out. Having a gay judge who has telegraphed his prejudice ahead of time will lay the groundwork for the appeal if he tries to overturn Prop 8.