Pro-Prop. 8 lawyers want decision overturned because Judge Walker has a boyfriend

[kpete]

Prop. 8 Backers Attack Judge's Impartiality
By Andrew Harmon


Retired U.S. district judge Vaughn R. Walker’s recent acknowledgments that he is gay and in a long-term relationship are grounds for overturning his landmark decision in the federal Proposition 8 case. Or at least that’s what the ballot measure’s backers argued in a Monday court filing, described by one opponent as “desperate and absurd.”

In the 26-page brief, filed in U.S. district court in San Francisco, Prop. 8 supporters argued that Walker should have been disqualified from deciding the case and that his opinion should be tossed, in part because of his “long-term committed relationship his failure to disclose that relationship at the outset of the case.” Those alleged omissions “give rise to a genuine question concerning his impartiality,” attorney Charles J. Cooper wrote.

Cooper argued that Judge Walker's handling of the case was "marked by a number of irregular and unprecedented rulings" indicating bias. He claimed that Walker ignored previous state and federal court rulings on marriage rights for same-sex couples in his decision striking down Prop. 8 as unconstitutional.

more:
http://www.advocate.com/News/Daily_News/2011/04/25/Prop_8_Proponents_Judge_is_Gay/

Here's the statement from AFER's Chad Griffin:

"This motion is yet another in a string of desperate and absurd motions by Prop 8 Proponents who refuse to accept the fact that the freedom to marry is a constitutional right. They're attempting to keep secret the video of the public trial and they're attacking the judge because they disagree with his decision. Clearly, the Proponents are grasping at straws because they have no legal case."

http://gay.americablog.com/2011/04/pro-prop-8-lawyers-want-decision.html

[JustABozoOnThisBus]

1. The judge has to be a celibate monk?

I mean, to avoid questions of impartiality.

:hi:

[William769]

2. They are right all homosexuals are 2nd class citizens and shouldn't even hold office.

:sarcasm:

[hobbit709]

3. throw it back in their faces.

a heterosexual judge is then equally biased.

[Zorra]

4. Cult logic. Like, "I'm going to protest at soldier's funerals, because

the government doesn't prosecute people for being gay."

[WatsonT]

5. Judges personal life has no merit on this case

if he were caught taking money from one party in the suit then yeah that would be grounds for overturning it.

But this isn't.

And really we don't want to add another unsavory layer to our legal system wherein losing parties immediately hire investigators to root out any dirt on the judge they can. That's not a good thing.

[Yavin4]

6. So divorced judges cannot preside over divorce cases? n/t

[LiberalFighter]

7. I go for that. But then again married never divorced judges

could be very biased. Especially if their judgment is colored by their religion.