A group in California filed a brief yesterday saying that only white judges should be able to rule on cases of racial discrimination, because black judges would be compromised in their desire for their own equal rights.
Actually, they didn’t. We made that up. But they might as well have.
What really occurred was that proponents of Proposition 8 filed a motion saying that Judge Vaughn Walker’s ruling that the anti-gay marriage initiative is unconstitutional should be vacated because Walker himself is gay.
They’ve been toying with this idea for awhile, but they made it official yesterday, writing:
“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.”
What specifically crawled up the Prop. 8’s defenders’ collective crack is their fury over the recent revelation that Walker has been in a relationship with a man for the past 10 years. But we don’t believe for a second that they’d be satisfied if Walker had said he’d never try to marry him. Prop. 8 advocates don’t believe a gay person should have any say in who can marry. They only want straight justices to rule on gay civil rights, preferably against them.
But to their point about the Judge’s personal desire to wed, let’s not forget that Walker and his partner have been together long enough to have gotten married in California in either 2004 or 2008, yet appear to have done neither.