Federal Judge Denied Motion to Vacate Ruling Because Prop 8 Trial Judge is Gay

Judge James Ware ruled against a motion to vacate Judge Vaughn Walker’s ruling in the Proposition 8 trial on the grounds that Walker is gay and therefore impartial. Ware wrote:

“A well-informed, thoughtful observer would recognize that the mere fact that a judge is in a relationship with another person — whether of the same or the opposite sex — does not ipso facto imply that the judge must be so interested in marrying that person that he would be unable to exhibit the impartiality which, it is presumed, all federal judges maintain … To assume otherwise is to engage in speculation about a judge’s motives and desires on the basis of an unsubstantiated suspicion that the judge is personally biased or prejudiced. Mere speculation of that nature does not trigger the recusal requirements.”

Read the decision here.

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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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