Prop 8's gay judge
Some wonder whether he can be impartial
The legal fight over California's gay marriage ban is exploding, as new revelations bring the trial's simmering controversies to a boil. According to the San Francisco Chronicle, the judge overseeing the federal challenge to the state's Proposition 8 is himself homosexual. Prop 8 supporters are accusing Judge Vaughn Walker of bias — but is Walker being unfairly maligned?
Walker brought this scrutiny on himself: Whether or not he's actually gay, says Brian Brown in the National Organization for Marriage blog, the judge has provoked controversy by turning the trial into a pro-gay propaganda festival: Countless witnesses were allowed to testify "that the passage of Prop 8 was simply...bigotry foisted on society by religious zealots." Walker's conduct has been "far more akin to an activist than a neutral referee."
"Got bias? SF Chronicle reports Prop 8 Judge Vaughn Walker is gay"
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.
Accusing Walker of bias is nonsense: The idea that Walker's sexuality will affect his judgment is "ridiculous," says an op-ed at Queerty. Don't "non-white judges" rule on "affirmative actions or similar discrimination cases" all the time? Prop 8 supporters should think twice before "making an issue" out of this. "Immutable characteristics do not disqualify a person from exercising justice."
"If Prop 8's supporters make an issue out of Judge Walker being gay, here's how to shut it down."
The Supreme Court has already called out Walker's bias: Walker crossed the line almost immediately, says Ed Whelan at the National Review. In his "fervent desire" to broadcast the trial (thus, inviting harassment of pro-Prop 8 witnesses), Walker resorted to "procedural shenanigans," only to be shut down by the Supreme Court "in an opinion that was plainly a stinging rebuke of Walker’s lack of impartiality."
"Judge Walker's skewed judgment"
Walker is fair-minded, but should have opted out: Judge Walker "is not a predictable man," says Debra J Saunders at the S.F. Chronicle, and there's no reason to think he'll be biased. But I still think he should have "recused himself from this case." Even the "appearance of a conflict [of interest]" plays into the hands of Prop 8's supporters. For a truly impartial trial, he should have handed it over to "some other judge."
"Does Walker have a conflict?"
...........................................
SEE MORE OF THE WEEK'S COVERAGE OF GAY MARRIAGE:
• How did Houston's gay mayor win?
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
-
The hunt for Planet Nine
Under The Radar Researchers seeking the elusive Earth-like planet beyond Neptune are narrowing down their search
By Chas Newkey-Burden, The Week UK Published
-
Magazine interactive crossword - April 26, 2024
Puzzles and Quizzes Issue - April 26, 2024
By The Week US Published
-
Magazine solutions - April 26, 2024
Puzzles and Quizzes Issue - April 26, 2024
By The Week US 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