Is a Gay Federal Judge Hurting the Gay Community?

Ed Whelan finally is one of the first folks to go public about the issue that is not being talked about in the Pro 8 trial.

According to this column in today’s San Francisco Chronicle, “The biggest open secret in the landmark trial over same-sex marriage being heard in San Francisco is that the federal judge who will decide the case, Chief U.S. District Judge Vaughn Walker, is himself gay.”

In terms of his judicial performance in the anti-Proposition 8 case, the bottom-line question that matters isn’t whether Walker is straight or gay. It’s whether he is capable of ruling impartially. I have no reason to doubt that there are homosexuals who could preside impartially over this case, just as I have no reason to doubt that there are heterosexuals whose bias in favor of, or against, same-sex marriage would unduly skew their handling of the case.......

He goes on to two of the major issues that have got a few legal minds and buffs very concerned.

I agree with Ed that gay judges can be impartial. In my neck of conservative Louisiana a good many conservative lawyers have defended judges whose being gay was a pretty big open secret when this cahrge was made.

One would think in such a case like this that Judge Walker would go out of his way to to give the appearance of being impartial. It is a important moment.

Again he might be impartial. I can't get into his mind. However his actions the last couple of months give the opposite impression espcially with that wild discovery order.

That I don't think helps the gay community at all and does not help well qualified people with Same Sex attraction reach the Federal Bench.

I will be interested to see how other major legal blogs react to this column.

His ultimate ruling here is not the purpose of this post. I just find that some of his pre trial actions with justification is going to bring this issue up. Which is not helpful to all sides