BobbyinTN wrote:conversationpc wrote:BobbyinTN wrote:Moral disapproval is an improper basis for denying rights to gay men and lesbians and that the evidence shows conclusively Prop 8 enacts without reason a private moral view that same sex couples are inferior.--- Vaughn Walker--Chief Judge, U.S. District Court, Northern District of CA
One thing I haven't heard much talk about is this judge. Doesn't it seem a little out of order to anyone that this judge, who was already well-known to be gay, ruled in favor of gays on an issue that, in my opinion, he should have recused himself from? To me, that would be like a well-known Christian judge ruling just the opposite on this issue.
Then that would mean a heterosexual judge could never rule on a heterosexual issue.
Bobby, I know you're smarter than that. This is a contentious issue involving the gay community. The judge being gay himself, would be under lots of pressure, admitted or otherwise, to rule a certain way. I'm not saying he did but that's why judges recuse themselves from ruling on certain cases. In this instance, there is a conflict of interests. This kind of case is an aberration, so to speak. There are NO cases where heterosexuals are suing for "equal" rights.
Take me, for example. I'm a big dude. If I were a judge and let's say a case came before me where a fat guy was suing an airline for charging him for an extra seat. It would be prudent for me to recuse myself from that case simply because I'm a big guy myself. It wouldn't be proper for me to issue a ruling on that case.
Now, in certain cases, you obviously can't pick and choose a judge for certain kinds of cases. Divorce, for instance...There are probably way too many judges who've been divorced themselves to shop around for one that hasn't been divorced.
In this case, in my opinion, it's just too controversial an issue for a judge to rule on something they could have a vested interest in. What would you think if this goes to the Supreme Court, is overturned, and you find out that one of the justices voting to overturn this decision has supported, for instance, the move for a Constitutional amendment to codify one man and one woman into law as the definition of marriage?