I am not questioning the judge ability to rule fairly.
Roland00 Send a noteboard - 11/02/2010 04:21:16 AM
I have no doubt that there are gay judges who could rule without bias, as well as straight judges who would be biased one way or another. I haven't been following the case very well, so I can't really comment other than to say that I'd hope he'd have the integrity to remove himself if he knew he couldn't rule fairly.
I just know that if Olson/Boies (two of the best constitutional lawyers out there arguing that prop 8 is unconstitutional) win then no matter the legal matters of the case it would be completely spun with this tidbit into culture war fodder.
Thus the oh sh!t comment
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As for the merits of the case Olson and Boies have completely skewered the Alliance Defense Fund on this case (The alliance defense fund is arguing the Prop 8 was legal since the attorney general argued in another case that it wasn't legal).
Both sides have rested and the Defense only brought up two witnesses and Boies butchered both of them on the stand.
One of the 5 sponsors of prop 8 and one of the major ADF witnesses backed out at the last minute for he didn't want to be embarrassed at the trial. Well the Olson/Boies called him up as an unvolutnarly witness for the prosecution, read in his original deposition, and pretty much showed this guy reason for supporting prop 8 was amius.
http://www.newyorker.com/online/blogs/newsdesk/2010/01/marriage-fantasies.html
ADF only put two witnesses on the stand defending Prop 8.
The first witness Boies pretty much destroyed the ADF point with the devil is in the details
http://www.newyorker.com/online/blogs/newsdesk/2010/01/boies-at-play.html
The second witness the judge said that if this was a jury trial he wouldn't let him on the stand for he is not qualified to make any factual statements.
http://www.newyorker.com/online/blogs/newsdesk/2010/01/gay-marriage-and-competing-goods.html
and
http://www.newyorker.com/online/blogs/newsdesk/2010/01/gay-marriage-and-single-parents.html
Boies got the second witness David Blankenhorn multiple times to agree that gay marriage would benefit society.
Right now the judge is taking a month break before hearing closing arguements.
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Here is a good website to follow on the case.
http://www.newyorker.com/online/blogs/newsdesk/perry-v-schwarzenegger/
There are also some re-enchantments on youtube since the transcripts have been released.
Prop 8 Judge, assigned case by random, turns out to be gay
- 11/02/2010 12:13:46 AM
858 Views
Re: Prop 8 Judge, assigned case by random, turns out to be gay *NM*
- 11/02/2010 02:47:40 AM
276 Views
Hmm that's a tough one.
- 11/02/2010 03:18:54 AM
471 Views
I am not questioning the judge ability to rule fairly.
- 11/02/2010 04:21:16 AM
481 Views
I'm betting on 'Uphold', but his orientation probably won't effect the ruling either way
- 11/02/2010 04:16:40 AM
456 Views
Why are you betting on Uphold?
- 11/02/2010 04:22:03 AM
452 Views
For what it's worth, I think he should recuse himself.
- 11/02/2010 09:35:18 AM
476 Views
I should keep my nose out.
- 11/02/2010 12:40:13 PM
494 Views
- 11/02/2010 12:40:13 PM
494 Views
It doesn't automatically touch heterosexuals interests.
- 11/02/2010 12:53:50 PM
479 Views
It was always going to be appealed. *NM*
- 11/02/2010 05:50:45 PM
193 Views
Yes, but if he doesn't recuse it's guaranteed, whatever the outcome.
- 15/02/2010 01:06:32 PM
433 Views