The 8 Biggest Lessons From Yesterday’s Prop 8 Ruling
Fair Courts E-lert
Bibliographic Info:
Author: Andrew Cohen
Source: The Atlantic
Date: February 8 2012
When the Ninth U.S. Circuit Court of Appeals ruled last Tuesday that California’s Proposition 8 was unconstitutional, the three judge panel also affirmed District Court Chief Judge James Ware’s conclusion that trial Judge Vaughn Walker was not required to step aside from hearing the case due to his sexual orientation and long-term relationship with another man. In its ruling, the Ninth Circuit opined that it was not reasonable “to presume that a judge is incapable of making an impartial decision about the constitutionality of a law, solely because, as a citizen, the judge could be affected by a proceeding . . . To hold otherwise would demonstrate a lack of respect for the integrity of our federal courts.” However, as the deluge of commentary indicates, not everyone is satisfied by the ruling. A roundup of press on Gavel Grab highlights the variety of commentary—from equal rights commendations to judicial activism accusations.
See also: Maura Dolan, Prop. 8: Gay Judge’s Relationship not a Factor, Court Rules, LA Times, February 7, 2012; Peter Hardin, Future of Prop 8 Ruling Debated Vigorously, Gavel Grab, February 9, 2012.