Judge Vaughn Walker, the federal justice overseeing the Prop 8 trial, is a big gay. It’s been speculated about, but it took for the trial’s end nearing for the open secret to be confirmed. It’s an interesting aside to Perry v. Schwarzenegger, because Walker was once despised by the gays, and his decision to let this trial play out has been seen by some as a path to “redemption.” But what will many expect to happen, should Walker rule against Prop 8′s proponents, is that the defendant Protect Marriage/Yes On 8 will make an issue of his sexuality, and charge that he was biased in his ruling. This is ridiculous.
For the same reason we do not expect non-white judges to recuse themselves from affirmative action or similar discrimination cases. Immutable characteristics do not disqualify a person from exercising justice.
Shooting down the argument is as simple as that, and requires no further discussion.