Lose the ruling, attack the judge

8/13/2010

"When you don't win an argument on the merits, change the subject. That seems to be the favorite tactic of groups opposed to marriage equality for same-sex couples.

"Last week, U.S. District Chief Judge Vaughn R. Walker ruled that Proposition 8, California's voter-approved amendment restricting marriage to one man and one woman, was unconstitutional. So now the opponents of same-sex marriage, who didn't win on the facts of the case, have found something else to argue about. Citing reports that Walker is gay, Proposition 8's supporters are insisting that their case didn't get a fair trial because someone who is gay couldn't rule on the case without bias.

"A statement by the American Family Assn. released last week called it 'extremely problematic that Judge Walker is a practicing homosexual himself. He should have recused himself from this case, because his judgment is clearly compromised by his own sexual proclivity.'

"This all-too-familiar strategy of diversion is not only unfair to Walker, it is a destructive attack on the role of our judicial branch of government."

Read Legal Director Jon Davidson's full Op-Ed on latimes.com