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San Francisco Chronicle, Thinks it “outs” Judge Vaughn Walker:Prop 8 Judge
Chief U.S. District Judge Vaughn Walker
By Melanie Nathan, San Francisco, Febrruary 7, 2010- In today’s San Francisco Chronicle, the Matier and Ross column “outs” Judge Vaughn Walker, or so they think. But we all knew he is gay and it made no difference to us at all. Finally the chance without advance prejudice? Nope not even that, just a trust that Judges have integrity. However I imagine that the very insuations, albeit tacit and embedded in the Article, causes us as an unequal and oppressed minority to wonder if the same assumptions that the right will undoubtedly attribute to Walker, are true of the straight Judges when it come to LGBTQI issues, as well as in relation to other minority related issues.
Many gay politicians in San Francisco and lawyers who have had dealings with Walker say the 65-year-old jurist, appointed to the bench by President George H.W. Bush in 1989, has never taken pains to disguise – or advertise – his orientation.
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. (SF Chronicle)
But who cares? We do not care here in San Francisco, mostly because we accept that being gay in high office is normal, being gay and abiding one’s oath is normal, being gay and applying law correctly and fairly is normal. As long as his religious views do not influence judgment, we do not care that Alito is a man, that Bader Ginsburg is a woman and nor do we care that Clarence Thomas is African America. We understand that their judgments are unlikely to be impacted by these facts. We also do not “out” Ruth Bader Ginsberg as a “straight women.”
“There is nothing about Walker as a judge to indicate that his sexual orientation, other than being an interesting factor, will in any way bias his view,” said Kate Kendell, head of the National Center for Lesbian Rights, which is supporting the lawsuit to overturn Prop. 8.
I say to the expected barrage of right wingers, if you expect that the Judge rescues himself for this absurd reason, then every straight male should exclude themselves from rape cases, by way of example, just in case he does not get how the woman feels and then applies his male straight sexuality to his judgment.
If same –sex sexual orientation was included as a ‘minority’ worth of inclusion in the Civil Rights Act, none of this BS would be happening. All it is doing is derogating from our Court’s productivity.
Perhaps Judge Vaughn Walker is more qualified on Gay issues than Scalia on abortion issues, in terms of objectivity.
For those in the San Francisco legal community, this isn’t really much of a surprise at all. Vaughn Walker is not closeted, he just doesn’t talk about being gay because it is irrelevant in the same way as other Judges who are straight do not reflect on their sexuality at all. Who I choose for my wife or bed fellow will not impact my job tomorrow. Our sexual relationships do not feel unusual to us. I am sure Walker’s does not feel unusual to him. In the same way as I look at straight relationships and wonder what the big attraction is, I am not going to allow it to impact my thoughts as to the integrity of those straight people.
State Sen.Mark Leno D-San Francisco, who has sponsored two bills to authorize same-sex marriage that were vetoed by Gov. Arnold Schwarzenegger,said that as far as he’s concerned, Walker’s background is a non issue. “It seems curious to me,” he said, that when the state Supreme Court heard a challenge to Prop. 8, the justices’ sexual orientation “was never discussed.”(SF Chronicle)
Judge Walker was randomly assigned this case, and has been reasonable throughout. But that said its now with thanks to the piece in the SF chronicle that the right wing will have flavor to add to their fervor.
Melanie Nathan
By Melanie Nathan, nathan@privatecourts.com
www.privatecourts.com
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17 Responses to San Francisco Chronicle, Thinks it “outs” Judge Vaughn Walker:Prop 8 Judge
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J. Bavet
August 4, 2010 at 10:37 pm
America has become a crazy liberal anything goes country. I can’t wait for PETA to start screaming that marriage be allowed between humans and dogs, cats, horses, and of course, pigs! When will this madness ever stop??
Bridgette P. LaVictoire
August 4, 2010 at 10:44 pm
When an animal can sign a marriage contract and read it aloud, then you will have your answer.
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Tracy Coyle
February 7, 2010 at 10:16 pm
I am a conservative and I have already called someone else on the ‘insinuation’ that the Judge can’t be fair. Do we need eunics for judges? Such prejudice is deeply rooted and must be noted each time it appears.
Melanie Nathan
February 7, 2010 at 10:59 pm
Tracy your post means a great deal to me- it makes me believe that thoughful and intelligent is not an oxymoron for Conservatives. Unfortunately for the gay community we have endured such a bashing that goes so deep to the core of who we are – and it is extremely painful to go through. I would love to get your take on the stories of binational gay and lesbian spouses – my column has a series of stories including my own ” A bInational Xmas Wish for Pres, Obama. thanks for the comment, melanie
Tracy Coyle
February 7, 2010 at 11:18 pm
There are two parts to the Conservative movement: there is the social conservatives which are classical conservatives WHICH is equal to the liberal movement today – both of are the same coin: gov interference and control over individual liberties. Then there is the classical liberal, “C”onservative side that believes in individual liberties and rights. We are not a majority of the movement but we are growing and gaining influence. I spend a great deal of time reminding my fellow conservatives that individual rights and limited gov are not principles to be tossed away when the pursuit of happiness of some members is offensive to others.
You (generic) may think that gov has a place in controlling and providing for the individual needs – I find the idea that a Cheney OR an Obama having some say over how I live my life to be the worst outcome possible.
There are political issues – but our individual liberties and rights must be protected first and foremost. I have no agreement with the liberal left on virtually any issue. But MY rights are inherent and not subject to gov control except where they infringe on others. On this point, gays NOT conservative makes no sense to me. Obama is not a friend of the gay community – hell, the gay community is often not a friend of the gay community. I’ll continue to work in the “C”onservative movement because it’s foundation is one all gays can and should support.
I’m around….
Melanie Nathan
February 8, 2010 at 1:40 am
Tracy thanks for this interesting discussion. I noticed you said that Gov interference is important when rights are infringed upon. That said how do you feel about DOMA and now that we are saddled with it how do you feel about its repeal, Do you believe gay marriage is an inherent righht under the constitution? You have alluded to it but how do you see Prop 8 when the people make the law that robs others of theor rights. When you say you do not agree with one thing liberal – what is your plan for married same sex partners who cannot sponsor foriegn spouses to stay in the USA . SHould they break up and leave or should the american be exiled from the USA,
Tracy Coyle
February 8, 2010 at 8:26 am
Starting with DOMA. I think it is unConstitutional and think it should be ruled as such. But marriage, for anyone is not an inherent right. The sacrament is bestowed by a religion/church and they have the right to do so according to their dogma. The legal contract is subject to gov regulations – such as age appropriateness (no 6 and 50 yr olds getting married) – but we do have laws regarding discrimination and as CASC ruled, separate but equal is not. Further, too many equate an interest of society with an interest of the State (socons and libs both make this mistake). Let churches bestow marriage, let gov grant civil unions across the board; take marriage out of the law books.
As to Prop 8. I agreed with the CASC in invalidating the separate but equal statutes. I also agreed with them upholding Prop 8. It is a fundamental construction of our form of government that if enough American’s want to re-institute slavery, they can. Get 66% of the people in 66% of the states to agree to restrict the rights of a minority and it is a legal outcome. I think it is a mistake to believe that SCOTUS will take up the Prop 8 result regardless of the outcome.
As for same sex couples and immigration. The law is what the law is, arguing it should be different is our right and tradition – acting contrary to it and expecting a good outcome begs sanctions. The American is not exiled, the American chooses to leave – it is certainly not a welcome or preferred choice. My brother married a foreign national, it took almost 6 months to get permission – GET PERMISSION – to bring her home. He and she did not have the right to return to the States together. I am the first born of legal immigrants. My parents jumped through a lot of hoops to get and STAY here. As a family we support legal immigration and oppose any form of amnesty for those that came here illegally.
For me, a right is an act I can express when I have the ability, the knowledge and the resources to do so. What it is not is a claim on others. Rights can be expressed on an island when you are all alone. If the action requires the presence of another, it is not a right.
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