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Pro-Prop 8 Effort To Disqualify Judge Walker Fails

Dahlia Lithwick writes about Prop 8 supporters effort to disqualify Judge Vaughn Walker , who ruled that Prop 8 was unconstitutional, because he is gay and in a committed relationship: And what of the argument that Judge Walker stood to benefit personally from his own ruling in the Prop 8 case? Wouldn't—by this logic—a straight judge similarly stand to benefit from a ruling upholding Prop 8? Certainly under the plaintiffs' theory of the case (i.e., that every last heterosexual in America will be harmed by legalizing gay marriage) wouldn't a straight judge have been forced to recuse herself as well to avoid the possibility of personally benefitting from her ruling? I made a similar argument when Prop 8 supporters filed the motion to vacate Walker's ruling. If same-sex marriage hurts straight marriages, then a straight judge has just as much as stake as a gay judge. Prop 8 supporters, by seeking to vacate Walker's ruling, are either implicitly conceding the point that same-sex marriage...

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