Gay marriage opponents say Judge Walker is gay

Blakus · Aug 8, 2010

I'm hoping this hasn't already been posted.

San Francisco– Chief U.S. Judge Vaughn Walker has always been characterized as a conservative with libertarian leanings. But after he struck down California’s voter-approved gay marriage ban this week, he was accused by some of being something else entirely: a gay activist.

Rumors have circulated for months that Walker is gay, fueled by the blogosphere and a San Francisco Chronicle column that stated his sexual orientation was an “open secret” in legal and gay activism circles.

Walker himself hasn’t addressed the speculation, and he did not respond to a request for comment by The Associated Press on Thursday. Lawyers in the case, including those defending the ban, say the judge’s sexuality – gay or straight – was not an issue at trial and will not be a factor on appeal.

But that hasn’t stopped a public debate that exploded in the wake of the 66-year-old jurist’s Wednesday decision. Most of the criticism has come from opponents of same-sex marriage.

“Here we have an openly gay federal judge, according to the San Francisco Chronicle, substituting his views for those of the American people and of our Founding Fathers who, I promise you, would be shocked by courts that imagine they have the right to put gay marriage in our Constitution,” said Maggie Gallagher, chairwoman of The National Organization for Marriage, a group that helped fund the ban, known as Proposition 8.

In response, the Gay and Lesbian Victory Fund, a political action committee for gay candidates, launched an online petition accusing Gallagher’s group of “gay-baiting.”

But the debate raises the question: Why is sexuality different from other personal characteristics judges posses? Can a female judge rule on abortion issues? A black judge on civil rights?

“The evidence shows that, by every available metric, opposite-sex couples are not better than their same-sex counterparts; instead, as partners, parents and citizens, opposite-sex couples and same-sex couples are equal,” Walker wrote in his exacting, 136-page opinion.

Gerard Bradley, a law professor at the University of Notre Dame, published a Fox News column in the hours before Walker filed his opinion faulting the media for not forcing Walker to address his sexual orientation.

And Byran Fischer, issues director for the American Family Association, urged the group’s members to contact their congressional representatives about launching impeachment proceedings because Walker had not recused himself from a case in which “his own personal sexual proclivities utterly compromised his ability to make an impartial ruling.”

William G. Ross, an expert on judicial ethics and law professor at Samford University in Alabama, said that a judge’s sexual orientation has no more relevance to his or her ability to rule fairly on a case involving gay marriage than it would for a deeply religious judge or a judge who had been divorced multiple times.

“Under the logic of the people challenging the judge’s fitness to rule on a case involving gay rights because he or she was gay, one would have to find a eunuch to serve on the case, because one could just as easily argue that a heterosexual judge couldn’t rule on it either,” Ross said.

Months before Walker struck down Proposition 8 as an unconstitutional violation of gay Americans’ civil rights, members of the team defending the ban in court had complained about what they perceived as judicial bias.

Over their vigorous objections, Walker pushed to have the proceedings televised live, a plan the U.S. Supreme Court quashed at the last minute. Then, he refused to excuse as a witness a Proposition 8 supporter who had compared gays to child molesters during the 2008 campaign. Lawyers for the two same-sex couples who sued to invalidate the ban had called him as a witness to try to prove the measure was fueled by anti-gay prejudice.

Nevertheless, the defense does not plan to raise the specter of the judge’s sexual orientation as they appeal his ruling to the 9th U.S. Circuit Court of Appeals, said Jim Campbell, a lawyer with the defense team.

“The bottom line is this case, from our perspective, is and always will be about the law and not about the judge who decides it,” Campbell said. “It’s just something that collectively as a legal team we have decided and going up, that’s what this case is. The appellate courts are going to focus on the law.”

Walker has ruled in at least two other cases involving gay rights issues during his two decades as a judge. In 1999, he rejected arguments from the parents of a San Leandro boy who claimed their religious rights were violated by pro-gay comments their son’s teacher had made in the classroom.

In the other case, he dismissed a free speech claim by two Oakland city employees whose managers had confiscated a bulletin board flier for a religious group that promoted “natural family, marriage and family values.” The city had “significant interests in restricting discriminatory speech about homosexuals,” Walker wrote in his 2005 ruling.

Until this week, though, Walker had come under more criticism for representing the U.S. Olympic Committee in a lawsuit against a gay ex-Olympian who had created the so-called Gay Olympics. Walker won, forcing the Gay Olympics to become the Gay Games. He also aggressively pursued legal fees by attaching a $97,000 lien to the home of the organization’s founder while he was dying of AIDS.

Gay activists cried foul, and his appointment to a federal judgeship was delayed for two years in the waning days of Ronald Reagan’s presidency.

Civil rights groups also opposed Walker’s nomination because of his 15-year membership in the Olympic Club, an all-male athletic club that had only recently admitted its first black members. California’s senior senator at the time, Democrat Alan Cranston, used the club issue to question Walker’s fitness for the bench.

Observers usually describe him as a maverick who delights in keeping people guessing. They still are.

On the day of closing arguments in the gay marriage ban case, Walker said it was appropriate that the case was wrapping up in June.

“June, after all, is the month for … ” He let his deep voice trail off, and smiled at the predominantly gay courtroom. Many froze, wondering if he would refer to the month in which San Francisco celebrates gay pride like Mardi Gras. Would that be a nod to rumors he was gay?

Walker waited a beat longer, savoring the moment. The he settled the suspense.

“… weddings,” he said.
Click to expand...

source

Lady Gaga · Aug 8, 2010

Why does it even matter? Him being gay wouldn't affect his ruling in any way (or else he would not be a judge.)

In fact, the people who appealed know how unimportant that is, and are not taking into consideration his sexuality.

Revan · Aug 8, 2010

Ummm I think we knew he was gay....like more than 6 months ago?

excuseyou77 · Aug 8, 2010

I take it they also don't realize one of the lawyers who challenged Prop 8, Ted Olson is about as right wing as you can get.

More grasping at straws from the 'phobes. It's pathetic and sad.

mydogstewie · Aug 8, 2010

um...wow

AlexPatrickMorrissey · Aug 8, 2010

If a heterosexual judge had upheld Proposition 8, would the media have been giving them shit?:rolle:

Goddamn, these people are desperate. Prop 8 wasn't overturned because of judicial bias, it was overturned because it's unconstitutional and the team that was in favor of it did a horrible job of defending it.

Zach1992 · Aug 8, 2010

“Here we have an openly gay federal judge, according to the San Francisco Chronicle, substituting his views for those of the American people and of our Founding Fathers who, I promise you, would be shocked by courts that imagine they have the right to put gay marriage in our Constitution,” said Maggie Gallagher, chairwoman of The National Organization for Marriage, a group that helped fund the ban, known as Proposition 8.
Click to expand...

What is with this Founding Fathers shit? They need stop speaking for the dead. Is Maggie involved in witchcraft? Is that how she is able to talk to them? You know that is against the bible.

Bryan90 · Aug 8, 2010

Zach1992 said: ↑

What is with this Founding Fathers shit? They need stop speaking for the dead. Is Maggie involved in witchcraft? Is that how she is able to talk to them? You know that is against the bible.
Click to expand...

Now that you mentioned it... In some aspects I do agree with you.... Saying that we should not have as our law what the Founding Fathers would not agree on is like saying that humanity will never change and what has been decided for us should stay that way....

More and more now I see that by having a more in-depth education in history across time (i.e. classical, medieval) might widen people's perspectives as they see that humanity has changed... in some aspects.. DRASTICALLY...

Zach1992 · Aug 8, 2010

Exactly. The founding fathers lived in a much less complex time where anything deviating from the norm was grounds for burning at the stake.

ANightDude · Aug 8, 2010

“Here we have an openly gay federal judge, according to the San Francisco Chronicle, substituting his views for those of the American people and of our Founding Fathers who, I promise you, would be shocked by courts that imagine they have the right to put gay marriage in our Constitution,” said Maggie Gallagher, chairwoman of The National Organization for Marriage, a group that helped fund the ban, known as Proposition 8.
Click to expand...

Pretty sure they'd be shocked by African American rights too.

Shevanel · Aug 8, 2010

ANightDude said: ↑

“Here we have an openly gay federal judge, according to the San Francisco Chronicle, substituting his views for those of the American people and of our Founding Fathers who, I promise you, would be shocked by courts that imagine they have the right to put gay marriage in our Constitution,” said Maggie Gallagher, chairwoman of The National Organization for Marriage, a group that helped fund the ban, known as Proposition 8.
Click to expand...

Pretty sure they'd be shocked by African American rights too.
Click to expand...

And womens' rights.

And the rights of the disabled and mentally challenged.

And so on.

OutToSea · Aug 8, 2010

Oh my goodness. A GAY RIGHTS ACTIVIST?! What would the children think?!

excuseyou77 · Aug 8, 2010

OutToSea said: ↑

Oh my goodness. A GAY RIGHTS ACTIVIST?! What would the children think?!
Click to expand...

[Helen Lovejoy] THINK OF THE CHILDREN! OH WON'T SOMEONE PLEASE THINK OF THE CHILDREN!? [/HL]

Emberstone · Aug 8, 2010

The good thing is, it is not a impeachable offence to be gay. They can only impeach him if they find he did not uphold the rules and regulations of the court, and overstepped them.

his ruling is fairly solid, helped by the fact that the prop 8 expert witnesses ended up agreeing in court that there was not real legal reason to deny gays the right to marry.

the conservative molester of children's futures *that is what they are, molesters, molesting children of the stability of a family* are grasping at straws.

no impeachment will happen, because religious bigottry is not something that can override the judicial system's protocal, which walker followed by to a tee.

Gay marriage opponents say Judge Walker is gay

Blakus
Full Member

Lady Gaga Guest

Revan
Full Member

excuseyou77
Regular Member

mydogstewie
Full Member

AlexPatrickMorrissey Guest

Zach1992
Full Member

Bryan90
Full Member

Zach1992
Full Member

ANightDude
Full Member

Shevanel
Full Member

OutToSea
Regular Member

excuseyou77
Regular Member

Emberstone
Full Member

Gay marriage opponents say Judge Walker is gay

Thread Tools

Blakus Full Member

Lady Gaga Guest

Revan Full Member

excuseyou77 Regular Member

mydogstewie Full Member

AlexPatrickMorrissey Guest

Zach1992 Full Member

Bryan90 Full Member

Zach1992 Full Member

ANightDude Full Member

Shevanel Full Member

OutToSea Regular Member

excuseyou77 Regular Member

Emberstone Full Member

Blakus
Full Member

Revan
Full Member

excuseyou77
Regular Member

mydogstewie
Full Member

Zach1992
Full Member

Bryan90
Full Member

Zach1992
Full Member

ANightDude
Full Member

Shevanel
Full Member

OutToSea
Regular Member

excuseyou77
Regular Member

Emberstone
Full Member