Hey, did
you hear the one about the judge who ruled against Prop 8 in California being a
homo? And how his ruling shouldn't count because he's gay? LOL, am I right?
Actually,
the idea that a gay judge can't be trusted to make a ruling on a case that
impacts gay people is ridiculous. But that's the very argument proponents of
Prop 8, California's 2008 anti-gay marriage amendment, are continuing to make
about U.S. Chief Judge Vaughn Walker, who struck down the amendment as
unconstitutional.
"Proposition
8 fails to advance any rational basis in singling out gay men and lesbians for
denial of a marriage license," Walker wrote in his opinion.
Naturally
supporters of Prop 8 weren't particularly happy with this ruling. But when it
became known that Walker was not only gay but also had been in a 10-year
relationship with a man, Prop 8ers went absolutely apoplectic.
"But,
but, but... he's one of {ITAL them,}" they stammered. "Walker is
nothing but a secret gay soldier in the war against marriage! He must be
stopped!"
Prop 8
proponents believe that Walker is an activist judge of the worst kind - the
kind that doesn't rule in their favor.
As far
as Prop 8 supporters see it, Walker's ruling is nothing but a blatant display
of self-interest. You see, only heterosexuals should be allowed to decide
whether or not gays and lesbians are allowed to marry.
And so
Prop 8 supporters have asked a federal judge to vacate Walker's ruling because
Walker doesn't count as a real judge since he's a homo and homo judges should
only be able to rule on non-homo cases.
Keep in
mind that Chief Judge James Ware, who replaced Walker after Walker retired,
already ruled that Walker's ruling is fine and not at all invalid because of his
sexual orientation, essentially telling the Prop 8 folks where to go.
Ware
said that claims that Walker couldn't be trusted to rule on cases involving
LGBT issues was "as warrantless as the presumption that a female judge is
incapable of being impartial in a case in which women seek legal relief."
This, of
course, only led Prop 8 folks to claim that two judges were wrong. And
apparently they're going to keep on searching until they find a judge who has
an answer they like.
In an
effort to counter claims arguments like Ware's, the Prop 8 team is claiming
that they don't think gay and lesbian judges aren't ever fit to rule in LGBT
related cases, just not ones that directly impact their lives. "We know of
no reason to believe, for example, that Judge Walker would have any personal
interest in the outcome of litigation over, say, the constitutionality of the
military's 'Don't Ask, Don't Tell' policy," they claim. " Nor would
there be any issue with a gay or lesbian judge hearing this case so long as a
reasonable person, knowing all of the relevant facts and circumstances, would
not have reason to believe that the judge has a personal interest in marrying
if Plaintiffs prevailed."
In other
words, since Walker was in a 10-year relationship he probably wants to get
married, which means his ruling is really just a glitzy high-profile marriage
proposal clearly meant to show up the heteros who rely on their local sports
stadium's jumbo-tron or a banner-pulling airplane to pop the question.
An
obvious red flag here is the term "reasonable person," since anti-gay
marriage foes don't seem to be the best judge of what a "reasonable
person" is. It does not seem particularly reasonable to me to fight tooth
and nail to keep civil rights away from a certain group of people arguing that
marriage is yours and you'll be damned if you're going to share that
institution with any queers.
Or, in
the case of Prop 8ers vs. Judge Walker, let a queer tell you no.