On Marriage – The Six Parts Seven (with Carissa’s Wierd)
Another recusal case in the news. This one is at the 9th Circuit, where there is a claim being made that Vaughn Walker (who ruled that Prop 8 was unconstitutional) should not have been allowed to hear the case because, you know, he’s gay.
This is offensive and stupid. First of all, the entire argument against gay marriage is supposed to be that it damages ‘traditional’ marriage. If there is any truth to that, then straight people (the ones who can currently get married) are the ones being threatened. Which implies they have just as much of a conflict of interest as gay people, doesn’t it?
But really, the point is just that this notion of what constitutes a conflict of interest is insane. I’ll defer to Scott Lemieux:
So what if Walker did intend to get married? Are homeowners disqualified from hearing 4th Amendment cases? Are only judges who pledge never to speak or write in public allowed to rule on 1st Amendment cases? Do judges have to pledge never to buy equities before they hear a securities litigation case?
Are white people not allowed to hear cases about affirmative action? Are men not allowed to hear cases about gender violence? Are capitalists not allowed to hear cases about unionization?
I agree with the sentiment. All judges should recuse themselves from all constitutional cases.