Can a Judge Be Biased because He Is Gay?
Fair Courts E-lert
Bibliographic Info:
Author: Lisa McElroy and Amanda Frost
Source: Huffington Post
Date: November 22, 2011
Writing at the Huffington Post, law professors Lisa McElroy and Amanda Frost address arguments from opponents of same-sex marriage that a gay judge should have been disqualified from ruling in a case concerning gay marriage in California. Professors McElroy and Frost forcefully reject the arguments put forth by Protect Marriage, arguing that “essential aspects of the human condition—such as sexual orientation and loving relationships —cannot be grounds for requiring that a judge step aside. For if they were, then who could hear a case about same sex marriage? Certainly not a heterosexual, married judge, because Protect Marriage argues that same sex marriage undermines such ‘legitimate’ unions. Likewise, a divorced heterosexual judge might blame her marriage's demise on the proliferation of laws permitting same sex marriage in other states. Even a single judge might have a gay sibling or close friend who wants to marry his partner. Under Protect Marriage's logic, all are biased and all must step aside.”