SHORT COMMUNICATION 147
The Appearance of Conflict
By
Roger Behra
Millions of voters in California who voted for Proposition 8 are waiting for the outcome of the court trial in the liberal bastion of San Francisco, California, that could possibly overturn their votes. Proposition 8 limits marriage to man and woman. The voters are worried because the trial is taking place at a city where liberal decisions are commonplace. Also, a very troublesome turn of events has taken place aside from the liberal location and a liberal court.
The trail has been in progress since 2-1-10. It is in recess since 2-10-10. On 2-12-10 some startling news was revealed. U.S. District Judge Vaughn Walker, who is presiding over a trail concerning gays, is himself gay. A gay judge is going render a court decision concerning gays. Now, the millions of Proposition 8 supporters have that to worry about along with the liberal court and liberal San Francisco. That is an unbelievable situation.
The Proposition 8 trail is more than an ordinary trail. It is landmark case, and the voters and supporters of Proposition 8 are justified in asking how can a gay judge make a honest and impartial decision concerning gays?
Judge Walker could have and should have recused himself. That would have been the prudent and sensible thing to do. The fact that he did not leaves the very thought that a favorable decision for gays will reek of sympathy for fellow gays. If Walker overturns Proposition 8 it will look like the fix was in form the very start.
Judge Walker already made one bad decision. He ordered Proposition 8 campaign strategists to turn over their internal memos to those seeking to overturn the proposition. However and fortunately, a three-judge federal panel UNANIMOUSLY tossed out Walker’s order because it would have a “chilling effect” on political expression.
Walker did not have a legal obligation to recuse himself. It would have been much better if he did and let another judge decide the Proposition 8 case. Normally, it would be a great surprise that he did not. But in the counterculture cultural climate the permeates America now nothing should be a surprise-legal or illegal. However, the appearance of conflict is very great.
R. B.
2-17-10