Prop 8 ers move to vacate judge's decision because he's gay

[cali]

and in a long term relationship. Asshole bigots.

Judge's relationship at issue in gay marriage case
AP


By LISA LEFF, Associated Press Lisa Leff, Associated Press – 2 hrs 38 mins ago

SAN FRANCISCO – Rumors swirled that the federal judge who had struck down California's same-sex marriage ban last summer was gay, but the lawyers charged with defending the measure remained silent on the subject. Their preferred strategy for getting the ruling overturned on appeal was to focus on the law, not a judge's personal life, they said.

Eight months later, Proposition 8's proponents and their attorneys have taken a new position. They filed a motion Monday seeking to vacate Chief U.S. District Judge Vaughn Walker's historic ruling, a move they said was prompted by the now-retired jurist's recent disclosure that he is in a long-term relationship with another man.

Lawyers for the ban's backers argue that the judge's relationship status, not his sexual orientation, gave him too much in common with the couples who successfully sued to overturn the ban in his court. The judge should have recused himself or at least revealed the relationship to avoid a real or perceived conflict of interest, the lawyers say.

"If at any time while this case was pending before him, Chief Judge walker and his partner determined that they desired, or might desire, to marry, Chief Judge Walker plainly had an interest that could be substantially affected by the outcome of the proceeding," wrote attorneys for the coalition of religious and conservative groups that put Proposition 8 on the November 2008 ballot.

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http://news.yahoo.com/s/ap/us_gay_marriage_trial

[vim876]

1. Wait...

If, as anti-marriage activists argue, gay marriage significantly effects straight marriage, wouldn't a straight person have "an interest that could be substantially affected by the outcome of the proceeding"?

[rurallib]

3. seems like only a eunich could hear this case

[vim876]

4. It'd have to be...

a eunuch without any gay, straight, or bi/pan relatives.

[stevenleser]

7. Eunich wouldn't work either because they would have made an orientation choice (asexual) nt

Once you start down this road, there is no one who can serve as a judge on anything. As you and other posters amply illustrate!

[msongs]

2. exactly = heteros must refuse to judge trials where defendants are married heteros nt

[mondo joe]

5. And women can't judge abortion cases, people with $ can't judge campaign contribution cases,

and religious people shouldn't be permitted to preside in cases regarding religious expression.

Right?

[marmar]

6. And in the fundie mind, that renders him incapable of being fair......

..... like a good heterosexual God-fearin' man would be.

[hifiguy]

8. My prediction is that this motion

will be soundly and thoroughly laughed out of court.