It Doesn't Matter That Judge Vaughn Walker Is Gay
|You can be gay and impartial|
Chief U.S. District Judge James Ware ruled on Tuesday that there is no proof that Judge Vaughn Walker, who last year struck down the state's ban on gay marriage, would benefit from his own ruling. Walker only recently revealed that he has been in a relationship with a man for 10 years, but he never said they plan to wed should same-sex marriage become legal.
But backers of Proposition 8, the controversial state ban on same-sex marriage, argued that Walker should have recused himself or, at the very least, disclosed his relationship status before hearing the case.
But Ware challenged that notion. "So if a reasonable person thought a black judge should recuse himself from a civil rights case, that would be enough?" he asked.
Charles Cooper, the attorney representing the Prop. 8 backers, replied: "No, your honor. A reasonable person would not consider that black judge, any more than a white judge, for that reason alone, someone biased or impartial."
"I agree with you,'' Ware reportedly said. "Our test of reasonableness in our country will not allow us to discriminate on the basis of race, gender, or sexual orientation."
Which kinda brings us full circle.