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Gay jurist in Proposition 8 case had no legal obligation to remove himself, judge rul

Re: Gay jurist in Proposition 8 case had no legal obligation to remove himself, judge

Just so it clear, I wasn't suggesting that I know the man.
 
Re: Gay jurist in Proposition 8 case had no legal obligation to remove himself, judge

Just so it clear, I wasn't suggesting that I know the man.

Rest assured I wasn't talking about you.
 
Re: Gay jurist in Proposition 8 case had no legal obligation to remove himself, judge

What about being radically gay? And.. How does one know?


Tim-

What about being "radically gay?"
What is "radically gay" and how do you see it affecting one's judgment.

As far as how one knows - this judge was appointed by the Bush administration and the appointment was opposed by gay rights groups due to his history on the subject.
 
Re: Gay jurist in Proposition 8 case had no legal obligation to remove himself, judge

You all seem to miss the point I was making. . .

As for the argument that a straight judge would also have a conflict of interest, there is no direct personal or financial gain for a straight judge whether or not the law is upheld or overturned. He gains or loses no rights, benefits, etc. If you are making the assumption that as a straight man, he must be biased, then you are essentially saying that nobody should be allowed to judge this case except a gay man.

Easy - But then should a straight, married judge recuse himself if the subject is capital gains or estate taxes as they pertain to a married couple? Could he be a parent and make a decision about parental rights? While I understand your point, judges surely rule on cases that affect groups in which they belong today, don't they?
 
Re: Gay jurist in Proposition 8 case had no legal obligation to remove himself, judge

Would a black guy have to recuse himself if another black guy is being charged with a crime? I don't think so.

Exactly, this is so stupid. There isn't a "gay test" to being a judge, or a "straight text" more correctly. In fact, Thurgood Marshal delivered Brown vs Board of Education and a female justice (whose name has slipped my mind) passed delivered the opinion of the Court in Roe v Wade.
 
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