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May 21, 2013
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Gay Jurist’s Legitimacy in Prop. 8 Decision Is UpheldPosted on Jun 14, 2011
Last year, U.S. District Court Judge Vaughn R. Walker ruled California’s Proposition 8 to be unconstitutional. Shortly afterward, opponents of same-sex marriage called the ruling invalid, arguing that Walker’s homosexuality made him unfit to adjudicate the case. On Tuesday, another federal judge threw that argument out. Lawyers said that no American judge had ever been prevented, on the basis of his or her race, religion or gender, from hearing a civil rights case. “It is not reasonable to presume that a judge is incapable of making an impartial decision about the constitutionality of a law, solely because, as a citizen, the judge could be affected by the proceedings,” Chief Judge James Ware of the U.S. District Court in San Francisco wrote in his ruling. Walker’s decision now must survive a separate appeal. —ARK
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By reynolds, June 17, 2011 at 5:41 am Link to this comment
you do come to a point, suave. i had not considered you
Report thisfrank like.
By rico, suave, June 16, 2011 at 2:15 pm Link to this comment
reynolds:
Report thisYou saved that from six months ago! I’m flattered. You must have made an awefully irrefutable point for me to go off on you in such a personal way.
By reynolds, June 16, 2011 at 9:09 am Link to this comment
add this to the converstation;
By rico, suave, January 20 at 10:59 pm Link to this
comment
reynolds:
Tell your mom to come over and iron some shirts and
my epaulets for me will you? I’m off to Paris
tomorrow and want to look FINE. My regular
“undocumented” girl just got hired away by a
freshman Republican Congressman (a Teabagger no
less! Can you believe the hypocrite?) I’ll
understand if your mom is still in rehab, or if you
don’t even know who she is. In which case, just send
your sister, if her pimp won’t mind too much. Hell,
tell him I’ll pay him the going rate if he gets all
petulant on you. I need those shirts and I’ll be
damned if I’m doing them myself! And don’t worry. I
won’t disrespect your mother or sister. (They don’t
make condoms thick enough! Hee hee.)
I’d ask my mom, but as you already know, I’m a
bastard foster child myself, clueless about who she
is, let alone who my daddy is- I’m a fully qualified
Republican!
I’m tellin’ ya reynolds, this free market crap is
hard, having to rely on yourself for every damn
thing. I wish I could just call the government and
have them deliver my clean shirts and crisp
epaulets. I have a RIGHT you know! I’m a union man!
My work falls under the Commerce Clause which
guarantees me a universal right to everything- free!
But since the fucking Republicans are in control,
I’ll have to pay your mom, or your sister. Hell,
I’ll even give them cash, minimum wage, off the
books, tax free money!
But since I can’t rely on Obama, tell—- yo mama! Or
Report thisyour sister’s pimp. I need them done tomorrow!
By rico, suave, June 16, 2011 at 4:44 am Link to this comment
UreKismet:
“Everyone is celebrating this as a great victory, but imagine for a moment if’n teh appeal had got up.”
Except that the appeal failed. Sanity prevailed. So the rest of your rant is pretty much mooted and pointless don’t you think? What exacted then did it add to the conversation?
Report thisBy UreKismet, June 15, 2011 at 9:46 pm Link to this comment
Everyone is celebrating this as a great victory, but imagine for a moment if’n teh appeal had got up.
Next thing ya know citizens are getting judges kicked off cases that involve wealthy clients or public coprorations. The grounds would be that the judge is rich and owns stock in other fortune 500 corporations, so he would favour an outcome best suited to rich stockholders.
If applied to the nth degree keeping adjudicators away from cases where their life reveals an inclination towards one of the parties in a trial is actually a good idea.
In this instance had the judge been recused so there could be a second trial, people of religion, or married; be it hetreosexual or homosexual, or in any variant of an ongoing sexual relationship would be barred. Be it with the same sex, opposite sex or even another species of mammal, all would have to be excluded.
I would say that the likelihood of the judge agreeing with the first verdict would be pretty high.
If you couldn’t have blacks on a trial involving an african american, it stands to reason whitefellas couldn’t sit on any case that involved whitefellas.
All of this would make the selection of judges reduced to a tiny pool of idiosyncratic individuals. People who are far more likely to apply compassion and objectivity to a case than the present crop of rich middle aged white men and their ablest imitators.
Numerous studies have shown that no matter what the system, adversarial, inquisitorial; an independant judiciary or one committed to the ruling elite (fellow party member etc) it makes no real difference, judges still find in favour of the status quo generally, and more specifically in line with the current government’s policies, in all a but a very few cases.
Pols and judges may adhere to the separation of power in an administrative sense. In the real world, they belong to the same clubs, send their kids to the same schools - frequently the same school as the pol parent and judge parent went to & a shared a dorm. Judges live in the same suburbs as pols, senior public administraters, and corporate execs. We all know this yet prefer to delude ourselves that the unjust inflexible and anachronistic legal system is ‘fair’. We’re as crazy as they are corrupt.
Report thisBy ardee, June 15, 2011 at 12:47 pm Link to this comment
rico, suave, June 15 at 5:53 am
You do make a valid point, one I had not considered frankly.
Report thisBy reynolds, June 15, 2011 at 8:19 am Link to this comment
the conflict lies in his having been endowed by his
Report thiscreator with certain, unalienable rights, to wit;
life, liberty and the pursuit of happiness. he should
recuse himself on the grounds of his humanity.
By rico, suave, June 15, 2011 at 5:53 am Link to this comment
ardee:
I think you miss the point of the ruling. You are absolutely correct that, if it were merely about his sexuality, it would lead to barring black or Asian (you can’t say “oriental” anymore ardee!) judges as you point out.
But the conflict of interest lay in his desire to marry his partner, which Prop 8 would have forbidden, and so he had a personal stake in overturning the Prop. It’s as if a black judge who was an alumnus and trustee of an all black college had to rule on a suit that asked that whites be admitted. Or an Asian judge whose sister, the owner of a string of beauty salons and sued the FDA asking for relief from some onerous licensing requirements, had to hear the case. It’s not about being gay, or black or Asian. It’s about having a direct personal interest in the case at hand. Judges recuse themselves all the time for things like this.
Having said all that, I agree that the judge’s ruling should stand, or at least be challenged on some other grounds. Gay marriage will soon be a fact of life and conservatives should just get over it. Besdies, it would rid them of a dilemma- how do you whine about government intrusion into our lives while at the same time asking the government to intrude on something as personal as marriage?
Report thisBy Lafontaine, June 15, 2011 at 4:57 am Link to this comment
(Unregistered commenter)
If that’s true - that he can’t rule on this case because he is homosexual -then a heterosexual could not rule on it either for exactly the same reason.
Report thisBy ardee, June 15, 2011 at 4:25 am Link to this comment
The ridiculous is far from sublime, in this case at least. As I have stated earlier, I have come to turbo scroll past the blitherings of this odd couple’s efforts, realizing that there is no there there, and never has been in fact.
The bleating headline of his/her/their/its latest nonesense did happen to catch my eye and I thus was forced to read a paragraph or two. That s/he/whatever seeks to play the sacrificial lamb in this rather silly tragedy goes beyond the bounds of even a Rod Serling sort of reality. Thus a few facts may be necessary to define the incredible world in which this possibly disturbed group resides .
When first appearing on these threads , and in her/his/their guise as Thomas he/she made the statement that they/them/whatever had brought down several “liberal forums” that gave them no proper respect. This is archived and available for anyone who doubts. Further, any rebuttal to their/her/his/its muddled and pretentious babblings has been received with scorn, ridicule, nonsense worthy of the Mad Hatter herself and, in some few cases, the hint of violence as in referencing bullets as solutions.
Now I’ve no problems with those who seek help for their illness, in fact I would encourage such efforts. But the political forum is an odd place indeed to lay bare the twisted layers of this person’s psyche, an embarrassingly evident occurrence in more and more of their/her/his postings.
I apologize for joining those who continue to discuss the miserable attempts to defer,delay or otherwise cloud the discussions of timely and important issues by the many sincere posters, of all political stripes, who come here seeking enlightenment, approval or simply opinions upon which to judge their own positions. I will try not to do so again and wish all of us would accept the fact that to respond to them is to encourage their psychosis.
Report thisBy ardee, June 15, 2011 at 2:41 am Link to this comment
The absurdities continue to mount. We the people have seemingly become a mob of mouth breathing imbeciles. Seemingly because I am aware that the news is slanted, reflects only the views of the well financed and not those of the great majority.
If one takes this protest to its logical(?) conclusion then black judges cannot rule on cases involving blacks, oriental judges are barred from ruling where the same is true, etc.
Sooner or later we will have to grow up as a nation, and realize that we are in the twenty first century and dark ages thinking is to be put aside.
Report this