Wednesday, February 10, 2010

The Rhinestone Gavel Gave Him Away

There's been an unsurprising reaction to the recent "outing" of the trial judge presiding over the legal challenge to California's Prop 8 anti-gay marriage amendment.  As it turns out, Judge Walker is gay.

This has been used by the unbiased, fair-minded folks who oppose gay marriage to justify a call for Judge Walker to recuse himself and turn the trial over to, presumably, a heterosexual jurist.

Right.

It is revealing that they would argue that only a straight judge could be fair and impartial in a trial of the attempt to deny equality to gays and lesbians.  That argument actually confirms a key component of the case presented by opponents of Prop 8 -- that it was motivated to a large extent by bigotry and unfounded fears common among heterosexuals.  If you argue that, by definition, a gay judge cannot be trusted then you have admitted that you discriminate against all gays.

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