NYT: JUDGE VAUGHN WALKER "FIT TO RULE"

The famed newspaper slams Prop 8 supporters for trying to dismiss Judge Walker's ruling because he is gay man.

After the trial, Judge Walker said he is gay and involved in a long-term relationship. Last week, Proposition 8’s lawyers argued that the ruling should be tossed out because he had had a duty to recuse himself, or at least disclose the relationship at the start of the case. The claim is bogus. It is well established that personal characteristics, like race, sex, ethnicity, religion or sexual orientation, do not by themselves invoke the rule that judges must step aside if their “impartiality might reasonably be questioned.” Our justice system relies on trusting members of the nation’s diverse bench to put aside their personal characteristics and abide by their duty of even-handedness. Any other approach would invite foolish and unacceptable results — female judges being kept from hearing rape or sexual discrimination cases, or black judges from hearing cases involving racial bias or civil rights.

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