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BLAWg In Bloom

The Indiana Law Library Blog

Proposition 8

California’s Proposition 8, banning gay marriage, has been big news since it was passed in late 2008.  It is no less contentious since it was overturned in early August, by the case Perry v. Schwarzenegger, with parties claiming that the overruling was beyond the scope of the court.  One interesting question in the case deals with the sexual orientation of the district court judge, Vaughn Walker.  Judge Walker has a history of being somewhat conservative, and though there is no official source declaring one way or the other, some are suggesting that he is homosexual.  Whether he is or not, and however you feel about Proposition 8, it seems that the real question at the moment is whether or not Walker’s sexuality makes a difference in the case.  What do you think?  Does he have a potential personal interest in the case that could affect his judgment?  Or, like San Francisco Chief Deputy City Attorney Theresa Stewart claims, is it no more of an issue than having a minority preside over a racial discrimination case?  Let us know what you think!

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