Judge in Prop 8 Case Is Gay

[+ Lucky]

Long rumored but never proven, it is now clear that Vaughn Walker, the federal judge in the trial over Proposition 8, is gay. Apparently Walker felt it was time to quietly let that word go out lest he be seen as feeling that being gay is something to hide. Read the story here:

 

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/02/07/BACF1BT7ON.DTL

[Guest TBinCHI]

Doubtless, some will now claim that if he rules in favor of gay marriage it will be because of his sexual orientation and not a thorough analysis of the law. I hope that his analysis and reasoning skills are strong.

[uwsman2]

Why do people assume?

 

In our majority-centric culture, we assume neutrality from straight white males and bias from everybody else. Nobody could be more biased in a gay rights case than straight, white Antonin Scalia. Should Thurgood Marshall have recused himself from every race discrimination case that came before the US Supreme Court?

 

The essence of judging is assuming the role of the neutral arbiter. At this all reports suggest Walker is excellent, while Scalia fails every time.

[+ Lucky]

Senator Charles Schumer (D-NY) has nominated the first openly gay man to be a federal judge...I think, cuz isn't Walker now openly gay, and already on the bench?

From towleroad.com:

New York Senator Chuck Schumer has nominated National Director of the Civil Rights Division of the Anti-Defamation League, attorney Daniel Alter, to serve as a judge in the Southern District federal court:

http://towleroad.typepad.com/.a/6a00d8341c730253ef0120a87ac6b2970b-800wi "Mr. Alter is a history-making pick, as he is the first openly gay male nominated for the federal court in American history. Schumer laid out several reasons Alter would make an excellent fit for the job. Schumer said that Alter’s stellar legal background, close ties to New York, even-handedness, temperament and demonstrated leadership skills would make him an excellent choice for the Southern District Court. Schumer also said that he is highly capable and very qualified for the position...Alter is not only a legal expert in terrorism and security; he is a strong advocate for civil rights. As the National Director of the Civil Rights Division of the Anti-Defamation League, Daniel led the ADL’s charge against hate crimes, both at home and abroad."

[Guest TBinCHI]

I think the difference is that Alter is being nominated with full and open acknowledgement by him in the nominating process that he is gay. Walker apparently does not hide his homosexuality, but did not acknowledge it until after he was appointed to the bench. In fact, the word is that he is only acknowledging it now because Prop 8 supporters are planning to make it an issue in the likely event he rules against it and he is trying to defuse the issue.

[uwsman2]

re Walker, Alter... & Batts

 

Technically, if nominated and confirmed, Alter would be the first openly gay man to go through that process. The first openly-gay person was Deborah Batts, a member of the Fordham Law School faculty at the time she was nominated to the Southern District of NY by Bill Clinton, and just in the coming-out process herself, so when she went down to D.C. to be prepared for her confirmation hearings after her nomination was announced was the first time she told the folks who were working with her that she was a lesbian. They went ahead with the nomination and she was confirmed without incident. But she was lucky that her hearing was held at a time when all the Republicans on the Judiciary Committee were out west for Richard Nixon's funeral, so the only members present were friendly Democrats who didn't ask about her sexual orientation and how it might affect her judging. The result is that Alter may well be the first to go through the process in a way where his sexuality may be an issue - since the Republicans in the Senate are playing the game of delaying everybody based on any issue they can find.

 

As to Walker - I don't think we can assume that he invited the story in the Chronicle. I think we had a bunch of reporters looking for some stuff to spice up their gossip column, they'd heard all the talk about him being gay and decided to ask him. He being an honest man who has never hidden the fact, confirmed that he was, and being a very professional judge, refused to engage in any conversation about it.

 

On the popular law blog, AbovetheLaw.com, David Lat poses the question whether the "outing" of Judge Walker is good for us --- we can count an openly gay judge -- or bad for us -- now he'll feel obliged to rule against us for fear of being accused of pursuing a personal agenda with the ruling. On conservative law blogs, the observation is made that Walker made two egregiously partial rulings against the Proponents of Prop 8, both of which were reversed, one -- the decision to broadcast the trial -- spectacularly and unusually by the US Supreme Court (which almost never interjects itself into the middle of an on-going trial). So, being "out" puts Walker onto a real tightrope as he navigates the rest of this trial.

[+ glutes]

It is now being reported that Judge Vaughn is being asked to recuse himself from Prop 8 case, ostensibly by some right-wing family values group, "Liberty Council"...

 

http://www.lc.org/

[+ Lucky]

Washington post columnist Ruth Marcus wiggles around a bit, but finally concludes that the deck has been stacked against the Prop hate folks with Walker's selection to hear the case.

http://www.washingtonpost.com/wp-dyn/content/article/2010/02/10/AR2010021003091.html