SF Judge in Gay Rights Trial at Center of Teapot Tempest

Federal Judge Vaughn Walker of the San Francisco district court has become the focus of the backers of a largely unpopular state Prop. 8 election that revoked the right of gays to marry. Judge Walker has been reported by a story in the San Francisco Chronicle as being gay. The Prop 8 supporters, largely religious zealots of the Right, immediately jumped on the story and started crying "prejudice" before the ink on the story was even dry. (Check out the WEEK's concise summary and analysis of this story.)

Leave aside the question of whether the judge actually is gay or whether this is inaccurate or overzealous reporting. Leave aside the fact that the state court that granted gay marriage rights in the first place was never accused of prejudice, at least not by anyone with credibility. You can even leave aside the well-known liberal flavor of this district court. The question begged by the pro-Prop. 8 shouters is what difference Judge Walker's homosexuality would make. Are they suggesting that any married or straight judge — i.e., the rest of Walker's benchmates — would automatically be smarter or fairer? Are they saying that a black judge could not be trusted to judge fairly a case involving alleged racial prejudice? 

The primary question underlying the case before the court is not directly related to homosexuality. Rather, the question is whether the people of a state, using the initiative process, can revoke constitutional rights previously granted by the state legislatively or judicially. Prop. 8 marked the first time, at least in California history if not nationally, this had been allowed to happen. The action raises a very important and relevant Constitutional issue that affects the whole initiative process.

Judge Walker's sexual preference should not be relevant to the discussion at all. But those opposed to gay rights of any kind will grasp at any straw to try to win their case through any means necessary, including delay. 

Posted via email from danshafer’s posterous

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February 9, 2010 · Posted in Politics  
　　　　

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