The Prop 8 judge is gay: Does it matter?
Gay-marriage opponents protest after it's confirmed that the judge who overturned California's gay-marriage ban is himself gay
Vaughn Walker, the retired judge who overturned California's gay-marriage ban, Prop 8, has confirmed that he himself is gay and in a long-term relationship — prompting conservatives to try to get Prop 8 reinstated. Gay-marriage opponents have long complained that Walker was biased, citing rumors about his sexuality. Now they say he should have recused himself to avoid suggestions that his interest in marrying his boyfriend influenced his decision. Did Walker have a conflict of interest?
Walker clearly had something to gain: The problem is not Walker's sexual preference, says Ed Whelan at National Review. It's that he was involved with a man while he was hearing the case. "A reasonable person would think that Walker would have a strong present interest in conferring on himself a right to marry his same-sex partner." That's pretty much the definition of a conflict of interest, so it's perfectly reasonable to question Walker's impartiality.
"Re: Vaughn Walker's belated revelation"
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
What a ludicrous attack: "The idea that a gay judge in a long-term relationship can’t rule on gay marriage is beyond silly," says the Newark Star-Ledger in an editorial. Would the clowns defending Prop 8 have claimed that the late Justice Thurgood Marshall should not have had a say in the Supreme Court's desegregation rulings because he was black, since "he and his family might have benefited?" Prop 8's problem is that it lets the majority deny a minority basic rights. Walker's love life is irrelevant.
This logic would disqualify every judge: Prop 8's defenders claim that gay marriage is so damaging to the institution of marriage that the government has a vital interest in preventing it, says Adam Serwer at The Washington Post. The trouble is, by that logic, "a heterosexual, married judge could be seen as having just as much 'skin in the game' as Judge Walker." Gay-marriage opponents clearly think that straight judges can be impartial, but gay ones can't.
"Opponents of gay marriage getting slimy and desperate"
Create an account with the same email registered to your subscription to unlock access.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
-
5 sleeper hit cartoons about Trump's struggles to stay awake in court
Cartoons Artists take on courtroom tranquility, war on wokeness, and more
By The Week US Published
-
The true story of Feud: Capote vs. The Swans
In depth The writer's fall from grace with his high-flying socialite friends in 1960s Manhattan is captured in a new Disney+ series
By Adrienne Wyper, The Week UK Published
-
Scottie Scheffler: victory for the 'pre-eminent golfer of this era'
Why Everyone's Talking About Masters victory is Scheffler's second in three years
By The Week Staff Published
-
Arizona court reinstates 1864 abortion ban
Speed Read The law makes all abortions illegal in the state except to save the mother's life
By Rafi Schwartz, The Week US Published
-
Trump, billions richer, is selling Bibles
Speed Read The former president is hawking a $60 "God Bless the USA Bible"
By Peter Weber, The Week US Published
-
The debate about Biden's age and mental fitness
In Depth Some critics argue Biden is too old to run again. Does the argument have merit?
By Grayson Quay Published
-
How would a second Trump presidency affect Britain?
Today's Big Question Re-election of Republican frontrunner could threaten UK security, warns former head of secret service
By Harriet Marsden, The Week UK Published
-
'Rwanda plan is less a deterrent and more a bluff'
Instant Opinion Opinion, comment and editorials of the day
By The Week UK Published
-
Henry Kissinger dies aged 100: a complicated legacy?
Talking Point Top US diplomat and Nobel Peace Prize winner remembered as both foreign policy genius and war criminal
By Harriet Marsden, The Week UK Last updated
-
Trump’s rhetoric: a shift to 'straight-up Nazi talk'
Why everyone's talking about Would-be president's sinister language is backed by an incendiary policy agenda, say commentators
By The Week UK Published
-
More covfefe: is the world ready for a second Donald Trump presidency?
Today's Big Question Republican's re-election would be a 'nightmare' scenario for Europe, Ukraine and the West
By Sorcha Bradley, The Week UK Published