Court upholds gay judge's ruling on California's Prop 8
28 replies, posted
[release]A federal judge who ruled against a ban on same-sex marriage in California and later revealed that he is gay showed no evidence he was prejudiced in the case, according to a ruling Tuesday
U.S. District Court Judge James Ware upheld former colleague's Judge Vaughn Walker's ruling on California's Proposition 8. Questions had been raised about Walker's ability to impartially decide the controversial question of same-sex marriage.
[b]"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,"[/b] Ware ruled.Ware, based in San Francisco, backed the original ruling by Walker that the voter-approved ban on same-sex marriage in the state was unconstitutional. The new order keeps the issue on track to an expected Supreme Court challenge, perhaps by next year.
[b]On April 6, several weeks after retiring, Walker ended months of speculation by publicly disclosing "that he is gay and that he has been in a committed relationship for more than 10 years," according to a motion filed by Proposition 8 backers, who said they would appeal Ware's ruling.[/b]
The previous August, Walker ruled that Proposition 8 violated the Constitution's equal protection clause.
[b]"Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples," Walker wrote in his 136-page opinion.[/b]
The motion said Walker should have either recused himself from the case or disclosed his sexual orientation "so that the parties could consider and decide, before the case proceeded further, whether to request his recusal."
[b]Walker told reporters in April he didn't think it was appropriate for any judge's sexual orientation, ethnicity, national origin or gender to stop them from presiding over a case, according to a Reuters report.[/b]
The motion argued that if Walker and his partner ever wanted -- or thought they might want -- to marry, he "plainly had an 'interest that could be substantially affected by the outcome of the proceeding,' " it said, citing federal law regarding disqualification of judges.
"Only if Chief Judge Walker had unequivocally disavowed any interest in marrying his partner could the parties and the public be confident that he did not have a direct personal interest in the outcome of the case," the motion said.
Same-sex marriage advocates decried the motion.[b]"Supporters of Proposition 8 are grasping at straws because they don't like the outcome," Michael Cole-Schwartz of the Human Rights Campaign said in April. "If their real intent was to 'protect marriage,' they should argue that a straight, married judge be disqualified since he would conceivably have an interest in protecting his own marriage. The argument is simply ridiculous on its face."[/b]
Judge Ware wrote that the presumption that "all people in same-sex relationships think alike" is unreasonable.
[b]"The presumption that Judge Walker, by virtue of being in a same-sex relationship, had a desire to be married that rendered him incapable of making an impartial decision, is as warrantless as the presumption that a female judge is incapable of being impartial in a case in which women seek legal relief," Ware said. "On the contrary: it is reasonable to presume that a female judge or a judge in a same-sex relationship is capable of rising above any personal predisposition and deciding such a case on the merits."Equality California, which argues for civil rights protection, hailed the ruling, saying it "reaches far beyond the LGBT community and is a cause for elation."[/b]
Protectmarriage.com said it disagreed with Ware's decision.
[b]"Our legal team will appeal that decision and continue our tireless efforts to defend the will of the people of California to preserve marriage as the union of a man and a woman," attorney Charles J. Cooper said.[/b]
In New York, meanwhile, Gov. Andrew Cuomo proposed a bill Tuesday that would legalize same-sex marriage, effectively delivering on a promise he has made since taking office in January.
The Marriage Equality Act would grant same-sex couples equal rights to marry "as well as hundreds of rights, benefits and protections that are currently limited to married couples of the opposite sex," according to a news release from Cuomo's office.[/release]
We should investigate Thurgood Marshall while we're at it. Black people shouldn't argue for a lawsuit that concerns segregating black people.
I love this.
One more step forward for acceptance of Gays in America.
This is a good day.
EDITED
Except, you know, Dunn dying and all.
Will California gays have the chance to marry again?
If we get rid of the southerners/downstherners, we may have a chance at America becoming a first world country again. Import them into Mexico secretly, eh? Would get rid of a lot of bullshit like the not-so-recent Prop8.
Why do these Conservofascists think that gay people are a threat to them?
[QUOTE=certified;30592304]southerners/downstherners
Import them into Mexico secretly, eh?
Conservofascists[/QUOTE]
The hell is wrong with you
[QUOTE=Zeke129;30592376]The hell is wrong with you[/QUOTE]
He's thinking like a republican, quick, end him!
I find it funny how they're also deciding if they should go to court over the thing again since they're trying to see if the Prop 8 supporters have any real argument.
[QUOTE=certified;30592304]If we get rid of the southerners/downstherners, we may have a chance at America becoming a first world country again. Import them into Mexico secretly, eh? Would get rid of a lot of bullshit like the not-so-recent Prop8.[/QUOTE]
But I don't want to be secretly shipped to Mexico
[QUOTE=Funky Pickle;30593319]But I don't want to be secretly shipped to Mexico[/QUOTE]
But, there is more capitalism there for you to exploit! There's even a socially unbalanced class system for ego-tards with money!
[QUOTE=certified;30593456]But, there is more capitalism there for you to exploit! There's even a socially unbalanced class system for ego-tards with money![/QUOTE]
But what about poor Craptasket. You wouldn't want to get rid of him, would you?
Or me, I live in the South.
:frown:
I hope someone comes in here to try and defend this lawsuit heh heh
[QUOTE=TH89;30594934]I hope someone comes in here to try and defend this lawsuit heh heh[/QUOTE]
I already have a list, but I think everybody here knows.
[QUOTE=certified;30592304]downstherners[/QUOTE]
I dislike republicans as much as most people but seriously, downstherners. That isn't a pun, that isn't even [I]anything.[/I]
[QUOTE=certified;30592304]If we get rid of the southerners/downstherners, we may have a chance at America becoming a first world country again. Import them into Mexico secretly, eh? Would get rid of a lot of bullshit like the not-so-recent Prop8.
Why do these Conservofascists think that gay people are a threat to them?[/QUOTE]
Uh you still have these "conservofacists" far north and such as. . . We're not all "conservafascists" down here in the south, hell all the people I know have zero issues with gays don't be so biased.
[QUOTE=TH89;30594934]I hope someone comes in here to try and defend this lawsuit heh heh[/QUOTE]
We could take bets as to the user.
Anyone?
yawmen.
calling this shit right now.
he defended WBC when they were denied access into florida, quite vigorously I might add.
I don't know about you guys, but personally I'm waiting for italics560 to come up in this thread to whine about gay people making the news again.
[editline]21st June 2011[/editline]
And then go on about how little he cares of course.
[QUOTE=certified;30593456]But, there is more capitalism there for you to exploit! There's even a socially unbalanced class system for ego-tards with money![/QUOTE]
Everything you've said so far as been completely ignorant and generally dumb.
For example, you generalizing that all southerners are ignorant and hate gays isn't any better than the people that generalize gays for being horny and wanting to rape every man they see.
[QUOTE=GrabbinPills;30598277]yawmen.
calling this shit right now.
he defended WBC when they were denied access into florida, quite vigorously I might add.[/QUOTE]
lol.... yawmen is one of the most liberal people on facepunch??? defending wbc's right to free-speech doesn't mean he supports what they say
Why do people find it so hard to support gay people (I don't like using the word tolerate because then it sounds like they're doing something wrong)?
Straight guy wakes up for work: Ugh work
Gay guy wakes up for work: Ugh work
Straight guy gives his wife a kiss goodbye
Gay guy gives his partner a kiss goodbye
Straight guy does so many hours of work
Gay guy does so many hours of work
Straight guy gets home to his wife
Gay guy gets home to his partner
[QUOTE=certified;30592304]If we get rid of the southerners/downstherners, we may have a chance at America becoming a first world country again. Import them into Mexico secretly, eh? Would get rid of a lot of bullshit like the not-so-recent Prop8.
Why do these Conservofascists think that gay people are a threat to them?[/QUOTE]
we aren't a first world country?
[QUOTE=Lachz0r;30602554]lol.... yawmen is one of the most liberal people on facepunch???[/QUOTE]
not really
just a couple days ago, he spent hours defending his opinion that he thinks women should have less say in whether or not they get abortions than the men who impregnate them
that and the typical "life begins at conception" bullshit
[QUOTE=geogzm;30602572]Why do people find it so hard to support gay people (I don't like using the word tolerate because then it sounds like they're doing something wrong)?
Straight guy wakes up for work: Ugh work
Gay guy wakes up for work: Ugh work
Straight guy gives his wife a kiss goodbye
Gay guy gives his partner a kiss goodbye
Straight guy does so many hours of work
Gay guy does so many hours of work
Straight guy gets home to his wife
Gay guy gets home to his partner[/QUOTE]
I don't understand why it's anyone's business what anyone does in the bedroom/in their love life in general, unless someone is being hurt (unless they like that kinda thing) it shouldn't be a problem
[editline]20th June 2011[/editline]
[QUOTE=GrabbinPills;30598277]yawmen.
calling this shit right now.
he defended WBC when they were denied access into florida, quite vigorously I might add.[/QUOTE]
So?
[editline]20th June 2011[/editline]
He was defending their right to protest, you can disagree all you want but they should have the right to protest their beliefs
[QUOTE=Sanius;30602601]not really
just a couple days ago, he spent hours defending his opinion that he thinks women should have less say in whether or not they get abortions than the men who impregnate them
that and the typical "life begins at conception" bullshit[/QUOTE]
yeah my brain just got confused there i confused yawmen with that halflambda? i think is his name? guy in my head. but you could kinda tell he was only arguing about that because his girlfriend had an abortion. emotion clouding his judgment :(
[QUOTE=GrabbinPills;30598277]yawmen.[/QUOTE]
isn't he in jail
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