Prop 8

[dommer2029]

I've been pondering the argument that the judge in the Prop 8 case should have recused himself because he is gay. The argument makes some sense -- you would assume that a gay judge would have a hard time believing that discrimination against gays is rational. Then again, it's ridiculous -- it's like saying that women should not decide abortion

Comments

[jereche]

Of course it's ridiculous. Judges don't recuse themselves for being Republicans, or wealthy, or white, or fat... It's just this silly notion of a "gay agenda" -- which in reality is no different than the agenda of any other marginalized group: To not be marginalized

[bmused]

I agree. Also, the Prop 8ers argument is homophobic nonsense, and it drives me CRAZY. If it were valid, then no judge of color could ever be trusted to hear a racial discrimination case, no female judge could decide a sex discrimination case, heck: no judge having a religious view could ever hear a case involving the separation of church and state.

Judges are sworn to divorce their personal and political views from deciding the proper application of the law to the facts before them. They are human beings, and so some of them don't do as good a job of this as they should *coughScaliacough*. And yet no one seems to worry about it unless the judge is a dirty Liberal. =c\