Gay Judge at Prop. 8 trial highlights Judicial issues

February 7, 2010
kind of sad that people can’t see that this would make him biased. The argument is that straight judges were presiding over this issue before. They would be correct to point out that this would therefor be fair, but they are incorrect in that these kinds of issues should not be decided by the judicial branch and this is exactly why.

The biggest open secret in the landmark trial over same-sex marriage being heard in San Francisco is that the federal judge who will decide the case, Chief U.S. District Judge Vaughn Walker, is himself gay.

Andy Pugno, general counsel for the group that sponsored the Prop. 8 campaign asserted that Prop. 8 backers haven’t gotten a fair shake from Walker in court. He cited both the judge’s order for the campaign to turn over thousands of pages of internal memos to the other side and Walker’s decision to allow the trial to be broadcast – both of which were overturned by higher courts.

“In many ways, the sponsors of Prop. 8 have been put at significant disadvantage throughout the case,” Pugno said. “Regardless of the reason for it.”

“There is nothing about Walker as a judge to indicate that his sexual orientation, other than being an interesting factor, will in any way bias his view,” said Kate Kendell, head of the National Center for Lesbian Rights, which is supporting the lawsuit to overturn Prop. 8.

mmmm… she must be selling a bridge somewhere. Is the Golden Gate for Sale?