Same-sex-marriage foes target gay judge's ruling

iVillage Member
Registered: 04-07-2002
Same-sex-marriage foes target gay judge's ruling
17
Tue, 06-14-2011 - 12:54pm
Same-sex-marriage foes target gay judge's ruling

A federal judge appeared reluctant Monday to set aside last year's ruling striking down California's ban on same-sex marriage because of the trial judge's same-sex relationship, but did not dismiss outright the bias arguments raised by foes of gay nuptials.

By Howard Mintz

 nwtreehugger  

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iVillage Member
Registered: 05-03-2011
They don't have a chance of overturning Walker's ruling.
iVillage Member
Registered: 03-18-2000
Aren't those that accuse the Judge of bias showing their biases?

 


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iVillage Member
Registered: 05-03-2011
Well, it's the only thing they've got since their case was completely shot down as being completely illogical and based on nothing but their opinion that homosexuality and/or same-sex marriage is wrong.
iVillage Member
Registered: 03-09-2001


Blessings,

Gypsy

)O(



iVillage Member
Registered: 04-07-2002
Thanks for the update! I didn't think it would be overturned...but you never know!

 nwtreehugger  

iVillage Member
Registered: 04-07-2002
Yep. And wouldn't it hold true then, following their logic, that a woman judge couldn't be unbiased in a case concerning a woman; a Catholic judge in a case conerning another Catholic; etc.? The logic isn't only weak, it's just isn't there!

 nwtreehugger  

iVillage Member
Registered: 11-13-2009
I am against Proposition 8, and have voted against a similar law in Texas. (which was passed, anyway. I felt it so important that I took my then teenage son with me to vote, and let him observe the process completely through).

However, I pose the question... What if the judge had acknowledged to others previously that he wished to marry?

This is different than your examples of women or Catholic judges because they wouldn't personally gain from their rulings. (well, not likely.)

I'm not sure this is as black and white as it appears on it's face.

 

iVillage Member
Registered: 04-07-2002
Couldn't it very possible for a straight judge to 'profit' from his ruling? Especially if, because of his religious beliefs, he did not support same-sex marriage?

As for my examples...I could see some circumstances where the judge could 'profit' in some way but they were just examples that I felt were equal to the accusations against this particular judge. He never expressed a wish to marry (smart man!! ;) . And, if a straight judge with religious convictions (whether stated or not) could be acceptable....

 nwtreehugger  

iVillage Member
Registered: 05-03-2011
Exactly.
iVillage Member
Registered: 11-13-2009

Yes, it is possible for judges to be able to 'profit' from a case, and the law requires them to recuse themselves.

And as to your last paragraph, yes, it's possible there are other circumstances. That's why I put in the disclaimer.

Are you positive this man never expressed a wish to marry? I would think the majority of men at one point or another in their lives, wish to marry.

 

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