Loading
Prop 8 judge not obliged to recuse himself, ruling says

.- A homosexual judge who overturned California’s 2008 ballot measure defining marriage as the union between a man and a woman had no obligation to remove himself from the case because of a possible conflict of interest, a federal judge said on June 14.

“The ProtectMarriage.com legal team obviously disagrees with today’s ruling,” said Charles J. Cooper of Cooper & Kirk, lead counsel for Proposition 8 backer ProtectMarriage.com. “Our legal team will appeal this decision and continue our tireless efforts to defend the will of the people of California to preserve marriage as the union of a man and a woman.”

Judge Vaughn R. Walker, a George H.W. Bush appointee, invalidated Prop. 8 in August 2010. He has never said publicly whether he wished to “marry” his partner.

Chief Judge James Ware of the U.S. District Court in San Francisco said it is 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 the proceedings.”

The judge said it was unreasonable to assume from Walker’s relationship that he had such a great interest in marrying that he was incapable of performing his judicial duties.

Walker’s failure to disclose his same-sex relationship prior to his ruling could mean that he had considered the situation and decided no reasonable observer would conclude that his impartiality was questionable, Ware reasoned.

In a June 13 press conference, Alliance Defense Fund senior legal counsel Austin R. Nimocks said that Walker failed to disclose he had been in a committed same-sex relationship for over 10 years. Nimocks claimed that Walker and his partner had a “direct interest” in the case.

“Judge Walker's course of conduct in this case heightens the appearance of partiality. Indeed, on two separate occasions, for example, his orders in this case have already been reversed, including a dramatic intervention by the United States Supreme Court to stop his effort to televise the trial,” Nimocks said.

Walker’s original decision held that Prop. 8 “unconstitutionally burdens the exercise of the fundamental right to marry and creates an irrational classification on the basis of sexual orientation.”

He also declared as a finding of fact that certain religious teachings, including those of Pope Benedict XVI, “harm” homosexuals.


Ads by AdsLiveMedia(What's this?)

* The number of messages that can be online is limited. CNA reserves the right to edit messages for content and tone. Comments and opinions expressed by users do not necessarily reflect the opinions or beliefs of CNA. CNA will not publish comments with abusive language, insults or links to other pages

RESOURCES »

Ads by Google (What's this?)

Featured Videos

A Look at India from Rome
A Look at India from Rome
3D Church mapping
#PAUSEforPeace Initiative
Dedicating art to San Juan de la Cruz
A state without territory elects new government
The renewal of the Legionaries of Christ
Presentation of the book "The Pastor"
Synod on the Family October 2014
Preferential option for the poor
God is alive, even in sport
'A forbidden God' named Best Film at the International Catholic Film Festival
Vatican backs a 'Pause for Peace' during World Cup final
The effects of religious violence in Sarajevo 
The origin of Corpus Christi 
Corpus Christi at the Vatican 
Homage to an Indian Cardinal
Train of the Child's Light
New book explaining gestures of the Mass
Encounter between Pope Francis and the Charismatic Renewal in the Spirit Movement.
Religious tensions subside amid Balkan floods
Jul
31

Liturgical Calendar

July 31, 2014

Saint Ignatius of Loyola, Priest

All readings:
Today »
This year »

Catholic Daily

Gospel of the Day

Mt 13:47-53

Gospel
Date
07/31/14
07/30/14
07/29/14

Daily Readings


First Reading:: Jer 18: 1-6
Gospel:: Mt 13: 47-53

Saint of the Day

St. Ignatius of Loyola »

Saint
Date
07/28/14

Homily of the Day

Mt 13:47-53

Homily
Date
07/31/14
07/30/14
07/29/14

Ads by AdsLiveMedia.com

Ads by AdsLiveMedia.com
     HTML
Text only
Headlines
  

Follow us: