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Vaughn Walker, the federal judge who's hearing the Prop 8 trial here in Calif, is gay. So says the SF Chronicle in an article that appeared yesterday.
According to the paper, it was not an outting per se. While the judge's orientation was not common knowledge, he was already out. That it is now common knowledge I think is a good thing; at least now, should he decide against prop 8's legality, the pro-8 forces can't accuse him of a hidden agenda.
My husband, an attorney, doesn't think this one will ultimately wind up in front of the US Supreme Court (SCOTUS). I have to admit, he's the only one I've heard say this. In his mind, all this hinges on is animus; was the crux of prop 8 based on prejudice against a minority group? If the judicial answer is yes, then there is clear legal president to overturn the proposition. He thinks this will stand in the 9th circuit Court of Appeals, and given there is already legal president, my husband thinks SCOTUS might not accept hearing the case.
That's how my husband sees it.
I'm still sitting in semi-disbelief that Vaughn Walker is family. Despite the fact that he argued against Gay Olympics right to use the word Olympics (hence they are now the Gay Games), I think it's a good thing.
According to the paper, it was not an outting per se. While the judge's orientation was not common knowledge, he was already out. That it is now common knowledge I think is a good thing; at least now, should he decide against prop 8's legality, the pro-8 forces can't accuse him of a hidden agenda.
My husband, an attorney, doesn't think this one will ultimately wind up in front of the US Supreme Court (SCOTUS). I have to admit, he's the only one I've heard say this. In his mind, all this hinges on is animus; was the crux of prop 8 based on prejudice against a minority group? If the judicial answer is yes, then there is clear legal president to overturn the proposition. He thinks this will stand in the 9th circuit Court of Appeals, and given there is already legal president, my husband thinks SCOTUS might not accept hearing the case.
That's how my husband sees it.
I'm still sitting in semi-disbelief that Vaughn Walker is family. Despite the fact that he argued against Gay Olympics right to use the word Olympics (hence they are now the Gay Games), I think it's a good thing.
no subject
Date: 2010-02-09 08:34 am (UTC)no subject
Date: 2010-02-09 11:21 pm (UTC)My favourite response: I was thinking the same thing myself. If Judge Walker is gay and therefore biased in favor of the opponents to Prop 8, then arguably a heterosexual judge would be biased in favor of supporters of Prop 8. Therefore what's really need is a bisexual judge.
no subject
Date: 2010-02-09 05:43 pm (UTC)although if the idealogical make-up of the court remains as it is today, i would expect that an appeals court verdict striking down prop 8 (or upholding walker's striking down of prop 8) would probably get 5 votes to take the case.
the pro-8 folks have been whining since pre-trial about how walker is unfairly biased against them, so even though his gaiety may not be big news, i expect they'll still try to spin it as further evidence that any decision against them was motivated by his prejudice.