Today, Chief U.S. District Judge James Ware ruled that Judge Vaughn Walker’s 2010 decision (declaring Proposition 8 “unconstitutional”) is still valid even though Judge Walker is gay.
Proponents of Prop 8 motioned to have Walker’s monumental decision vacated because the judge was a gay man ruling to allow same-sex marriage in the state of California (for the second time).
The short ‘n sweet summary of this latest ruling: Who cares if he’s gay or not?! His ruling is judicially sound.
Below is a section of Judge Ware’s ruling:
After considering the Oppositions to the Motion and the governing law, as discussed below, the Court finds that neither recusal nor disqualification was required based on the asserted grounds. The sole fact that a federal judge shares the same circumstances or personal characteristics with other members of the general public, and that the judge could be affected by the outcome of a proceeding in the same way that other members of the general public would be affected, is not a basis for either recusal or disqualification under Section 455(b)(4). Further, under Section 455(a), it is not reasonable to presume that a judge is incapable of making an impartial decision about the constitutionality of a law, solely because, as a citizen, the judge could be affected by the proceedings. Accordingly, the Motion to Vacate Judgment on the sole ground of Judge Walker’s same-sex relationship is DENIED.
The 9th U.S. Circuit Court of Appeals is still considering whether Walker’s ruling is constitutional. My two cents: same-sex marriage will be legal in California (again) before 2012.
Judicially and even in modern-day American society, legal prohibitions against same-sex marriage are unsound, discriminatory and rely on faulty/discredited studies claiming homosexuals “hurt” children or somehow “destroy the fabric of society.” It’s 2011. It’s time to move forward. The constitution gives EVERYONE equal protection under the law.Follow @MicahsTwoCents