Was Prop 8 Judge Walker 'biased' by his sexuality?

Federal Judge Vaughn Walker — who overturned California's gay-marriage ban in a landmark decision — is reportedly gay himself. Should that even matter?

Did Vaughn Walker's sexual orientation influence his judicial decision?
(Image credit: Getty)

After he struck down California's gay-marriage ban this week, U.S. District Judge Vaughn Walker's own sexuality has come under scrutiny. Some gay-marriage opponents point to media reports that Walker himself is gay, which they argue makes him biased. If such reports are true, should he have recused himself from the case? (Watch a Russia Today report about the controversial decision)

Walker's sexual orientation is irrelevant: Reasonable people can disagree on the merits of Walker's ruling, says Aaron Zelinsky in The Huffington Post, but "his sexuality is not a valid ground to critique his legal logic." If a gay judge can't rule on a gay-rights case, then how about a female judge on cases dealing with Title IX or abortion, or religious judges on First Amendment cases? "Such crude identity politics" would leave us with empty courtrooms.

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