Prop 8 Supporters Say Ruling Should be Voided because of Gay Judge

The Prop 8 proponents are at it again. This isn’t a new argument for them but now they’ve officially filed a motion in court to void the ruling. The motion filed by ProtectMarriage states that Chief Judge Vaughn R. Walker had a duty to disclose his relationship and step down before deciding whether a ban on same-sex marriage violated the federal Constitution.

“Judge Walker’s ten-year-long same-sex relationship creates the unavoidable impression that he was not the impartial judge the law requires,” said Andy Pugno, a lawyer for ProtectMarriage. “He was obligated to either recuse himself or provide full disclosure of this relationship at the outset of the case. These circumstances demand setting aside his decision.”

I find it ironic that solely because this particular judge happens to be gay (and he failed to disclose that information prior to the start of the trial), his ruling is suspect by the ProtectMarriage clan. If Judge Walker had been a straight man — and he had voted against same-sex marriage — would they be challenging him then? I think not. Would he have been expected to disclose his heterosexuality? Um, no.

Read:   Proposition 8 supporters say ruling should be voided [Los Angeles Times]

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Disclaimer: The information, comments and links posted on the blog do not constitute legal advice. I will not respond to any specific legal questions in the comments section of this blog. Read my entire disclaimer.

copyright 2011 Irene C. Olszewski

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