Back in February of 2010 it became rumored that retired federal Judge Vaughn Walker – who presided over the case at the District level – was a practitioner of the homosexual lifestyle. It was further reported that he had a longtime male lover. Judge Walker refused to confirm or deny the rumors. At the time I was one of the few people to publicly call for his recusal. It’s inexplicable that attorneys defending Prop 8 didn’t make such a motion.
With Judge Walker’s recent admission that he does in fact practice homosexuality, the case for recusal has been proven. His ruling on the Prop 8 case should be immediately vacated as he possessed both an incontrovertible and disqualifying conflict of interest.
A few proponents of so-called “gay marriage” have slapped me in the face with the following red herring: “Why, using your logic a heterosexual judge would also have to recuse himself. No judge could ever preside over a case involving same-sex ‘marriage.’”
This is apples-to-oranges nonsense. On a case concerning the novel question of radically redefining marriage to include same-sex pairs, a heterosexual judge, by definition, would not possess a personal “interest that could be affected substantially by the outcome of the proceeding.” A heterosexual judge is precisely what federal law requires under such circumstances.
-- J. Matt Barber, April 15 CNSNews.com column