Boy, the other side is scared stiff. Maybe not the best way to put that…
Today a federal judge upheld Judge Vaughn Walker’s right to rule in the California Prop 8 case. This only means that Walker cannot be recused from the case because he himself is gay and in a long term relationship. This is what the opposition was trying to do, to say that since Walker stands to personally benefit from the overturning of California’s Prop 8, that he should not have been allowed to rule in the case.
Chief U.S. District Judge James Ware said former Chief Judge Vaughn Walker did not have to divulge whether he wanted to marry his own gay partner before he declared last year that voter-approved Proposition 8 was unconstitutional. Ware said the ruling by Walker, who did not attend Monday’s hearing, raised important questions and called it the first case in which a judge’s same-sex relationship had led to calls for disqualification.
He said there probably were similar struggles when race and gender were the issues.
By almost all opinion, this was a ridiculous attempt to disqualify Walker, who most have stated has created one of the most detailed and finest cases in U.S. history. This leaves the case where it stood before this sideline, in the hands of the California Supreme Court, who will rule later this year as to whether those appealing Walker’s decision have the standing to do so.
I hate to make predictions at this point, after we’ve lost so much ground, but here I am, sticking my head out again. We will win this case, and by the end of 2011, same sex marriage will very likely be legal, once again, once and for all…
