Is this really how supporters of Prop 8 plan on handling the appeal of Judge Vaughn Walker’s ruling — by relying on the Bible and Walker’s sexual orientation as reason to overturn the decision?
Robert Wooten describes himself as a “citizen of the State of California” in a two-page letter to the 9th U.S. Circuit Court of Appeals, filed Sept. 15, as he asks for Prop 8 to be reinstituted, despite being declared unconstitutional. But why? Because “if the allegation that Judge Walker is a homosexual is true [then] he has a personal interest in the outcome of the trial,” and thus should’ve recused himself. (This is the same argument we heard from John C. Eastman in the San Francisco Chronicle, and it was just as stupid then.)
As Law.com notes, the letter puts Walker’s sexual orientation, or at least speculation over it, into the court record for the first time, because no matter how ridiculous these letters are they must be filed away.
Not that Wooten’s letter is a real challenge to Walker’s ruling. After all, to have a say in whether Perry v. Schwarzenegger is appealed Wooten must prove he has standing, and it’s become increasingly clear random heteros don’t automatically have it.
Meanwhile, Prop 8′s supporters have until midnight Pacific time (which is in, like, a couple hours) to file written arguments challenging Walker’s ruling. Is Wooten’s letter supposed to count?