Prop 8 Trial Judge Is Homosexual (‘Gay’) — and It Shows: NRO

Chief U.S. District Judge Vaughn Walker

One need not rely on this disturbing item from NRO to conclude that American jurisprudence is in big trouble given the expanding number of judges who are, to use modern parlance, “openly gay” (which is to say: proudly practicing or inclined to practice perversion). If they regard their homosexuality as (part of) “who they are” and, by extension, view foes of homosexuality as akin to racists, it is difficult to imagine them being truly impartial on “gay”-related cases.

Having said that, given the ferocity with which many straight liberals promote homosexualist ideology today, there surely is plenty of left-wing judicial bias to go around without laying all or even most of the blame at the feet of America’s homosexual judges. A straight liberal who regards homosexuality as a pure “civil rights” issue is just as capable of being a reactionary, anti-religious bigot in his approach toward moral opponents of homosexuality as an openly homosexual judge.  — Peter LaBarbera, www.aftah.org

Related AFTAH story: “Gary Glenn Assails Focus on the Family’s ‘Moral Retreat’ on Openly Homosexual Judges”

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By Ed Whelan, National Review Online’s “Bench Memos”

Reprinted from NRO Online, February 07, 2010

Judge Walker’s Skewed Judgment

According to this column in today’s San Francisco Chronicle, “The biggest open secret in the landmark trial over same-sex marriage being heard in San Francisco is that the federal judge who will decide the case, Chief U.S. District Judge Vaughn Walker, is himself gay.”

In terms of his judicial performance in the anti-Proposition 8 case, the bottom-line question that matters isn’t whether Walker is straight or gay.  It’s whether he is capable of ruling impartially.  I have no reason to doubt that there are homosexuals who could preside impartially over this case, just as I have no reason to doubt that there are heterosexuals whose bias in favor of, or against, same-sex marriage would unduly skew their handling of the case.

From the outset, Walker’s entire course of conduct in the anti-Prop 8 case has reflected a manifest design to turn the lawsuit into a high-profile, culture-transforming, history-making, Scopes-style show trial of Prop 8’s sponsors.  Consider his series of controversial—and, in many instances, unprecedented—decisions:

Take, for example, Walker’s resort to procedural shenanigans and outright illegality in support of his fervent desire to broadcast the trial, in utter disregard of (if not affirmatively welcoming) the harassment and abuse that pro-Prop 8 witnesses would reasonably anticipate.  Walker’s decision was ultimately blocked by an extraordinary (and fully warranted) stay order by the Supreme Court in an opinion that was plainly a stinging rebuke of Walker’s lack of impartiality.

Take Walker’s failure to decide the case, one way or the other (as other courts have done in similar cases), as a matter of law and his concocting of supposed factual issues to be decided at trial.

Take the incredibly intrusive discovery, grossly underprotective of First Amendment associational rights, that Walker authorized into the internal communications of the Prop 8 sponsors—a ruling overturned, in part, by an extraordinary writ of mandamus issued by a Ninth Circuit panel consisting entirely of Clinton appointees.

Take Walker’s insane and unworkable inquiry into the subjective motivations of the more than seven million Californians who voted in support of Prop 8.

Take Walker’s permitting a parade of anti-Prop 8 witnesses at trial who gave lengthy testimony that had no conceivable bearing on any factual or legal issues in dispute but who provided useful theater for the anti-Prop 8 cause.

And so on.

Walker’s entire course of conduct has only one sensible explanation:  that Walker is hellbent to use the case to advance the cause of same-sex marriage.  Given his manifest inability to be impartial, Walker should have recused himself from the beginning, and he remains obligated to do so now.