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Yes! Motion To Vacate Prop 8 Ruling Over Judge's Sexuality Denied!

| Filed under: Gay Gay GayPolitik

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Now we're talking here! Progress! Yes!

This morning, Prop 8 proponents' Motion to Vacate Judge Vaughn Walker's ruling that Prop 8 was "unconstitutional" was DENIED!

A federal judge in San Francisco sided with Judge Walker and ruled that he had the ability to impartially decide on the case despite the fact the he himself is gay. U.S. District Court Judge James Ware insisted:

"It is not reasonable to presume that a judge is incapable of making an impartial decision about the constitutionality of a law, solely because, as a citizen, the judge could be affected by the proceedings."

Bravo! Well said! It was a ridiculous movement to begin with!

Nothing pleases us more than steps like these towards equality for all! Stand tall today, Judge Ware! You've earned it!

[Image via AP Images.]

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37 comments to “Yes! Motion To Vacate Prop 8 Ruling Over Judge's Sexuality Denied!”



  1. 1

    come on, that was a no brainer. these homophobic bigots are so desperate.



  2. 2

    Totally not trying to open a can of worms here, but let me ask this:

    Do you think if Martin Luther King Jr. had been a judge, he could have impartially decided a case about his own civil rights? Or might there have been some bias? And for the person who will say "yes, but this judge wasn't actively speaking out in favor of gay rights or prop 8…" Ok, I see your point. That said, let's put in the example of ANY African American being able to decide back during the civil rights movement if civil rights was constitutional. Do you think that he could ultimately be the person who decides if it's a law in good standing? Or do you think that maybe he would - maybe not even consciously - sit and think to himself "gee, I'd like to have the same rights as white people?"

    Just wondering…



  3. 3

    I can't figure out why there would ever be a vote on a civil rights issue. And if there is a vote, it shouldn't be about gay marriage, it should simply ask if we as a society condone discrimination - yes or no. Because that is the bottom line.



  4. 4

    In other words, the will of the voters doesn't count? So, if you vote for Ron Paul and he wins the election, a judge can decide that your vote doesn't count and Mickey Mouse is the official president? Sound familiar, as in Bush 2? So, the left wing protests the election results of Bush however, they have the right to overturn a measure that was voted down twice by the voters. BTW, I'm pro gay marriage. But I am anti special interest groups thinking that they can overturn voters rights.



  5. 5

    Re: rosebud99 – Very well said.



  6. 6

    Um, Hello!? Of course a judge in San Franciso sided with Walker… It's the gay capital of the world. NOT surpring. What would be a surprise is if homosexuals would quit trying to shove their lifestyles down our throat. (no pun intended)



  7. 7

    Re: AttFinch
    Just because you find men fucking each other in the ass disgusting does not make you a homophob or a bigot.

    C'mon buy a dictionary inbred.



  8. 8

    Re: Team Kim Richards – Get a life, troll.

  9. Waboo says – reply to this


    9

    Frivolous case. This is the only logical conclusion. If the other side won, the same argument could have been posed for a conservative Christian judge -who would be just as biased as a homosexual judge.

  10. @v@ says – reply to this


    10

    I would imagine the federal judge closely examined all available evidence concerning this judge's impartiality, and that might include his past rulings. One's ability to make impartial rulings can be externally studied when there's a paper record of it all. They probably took a very close look at him and then ruled this way on the motion to vacate.



  11. 11

    Re: poodlewithamohawk – Learn a little about how this country operates. The founding fathers KNEW people like you were out there. People who think the majority rules. WRONG. Not when it comes to civil/equal rights. Civil rights have never been put to a majority vote in which that vote was upheld. That IS the job of the courts. This law is UNCONSTITUTIONAL. Do a little reading. Perhaps start with the constitution, followed by the bill of rights. I'm SURE you will learn something.



  12. 12

    Gay men and lesbians have seen their civil rights put to a popular vote more often than any other group. Almost 60% of the civil rights initiatives have involved gay rights issues. The measures have included efforts to repeal gay rights ordinances, to remove sexual orientation as a protected category in housing and employment laws, to enact and repeal domestic part- nership laws, to prohibit lesbians and gay men from teaching in public schools, to declare homosexuality "abnormal, wrong, unnatural, and peverse," and to prohibit jurisdictions from passing new gay rightslaws. Of the 43 gay rights initiatives that have reached the ballot, 88% have sought to restrict the rights of gay men and lesbians by repealing existing gay rights laws or forbidding legislatures to pass new ones. Voters approved 79% of these restrictive measures. [American Journal of Political Science, Vol. 41, No. 1, January 1997]



  13. 13

    being gay should be illegal. end of story. you gay people need help.



  14. 14

    Re: white_is_ugly – So should being stupid, but your not in jail.



  15. 15

    Re: white_is_ugly – You are so dumb it's painful.



  16. 16

    Re: army_chick – You could say the same thing about a straight judge… What if she or he is homophobic? Same with a white racist judge ruling on racial rights. The coin can be easily flipped.



  17. 17

    Re: MrOgilvie – So sick of people calling San Francisco the gay capital like there aren't so many other cities/countries that have tons of gay people in it too. According to Advocate.com, Atlanta is the gayest city in America. SF is #9. Have you even been to San Francisco? STFU!!!



  18. 18

    Re: OhWEE123 – Bite me. I'm a mulatto lesbian who was raised by two parents who scraped everything and worked 2 jobs to raise me and my other adopted siblings. I k now how this country operates, especially serving two years as an Intern at the White House. I have two Masters Degrees. Now, why don't you go have tea with Atticus He/She needs it since whenever I cross him, he pulls the ranks for bash me. Atticus, can't you handle doing your dirty work by yourself? any issue that we disagree upon is followed up by you and obvious drones. baaaa=haaa-baaaaah-h–aaaa.



  19. 19

    The Fourteenth Amendment to the United States Constitution, READ IT!!!



  20. 20

    Re: poodlewithamohawk – You seem to be laboring under the delusion that we are a mob-rule direct democracy. We are not a direct democracy, and for good reason. Otherwise, assholes like you would vote to eliminate the rights of innocent people. We are a constitutional republic and representative democracy. Minority rights are not up for majority vote. Recognizing that fact does not negate our votes for our representatives.



  21. 21

    Re: army_chick – I respect what you are saying Army_chick, but you have to look at it from a legal standpoint. If the judge had ruled against the ruling because the original judge was gay, all cases ruled by judges regarding issues that may make them biased could be thrown out because of precedence. All men judges can be removed or cases tossed because they ruled against a woman in a divorce or custody case or vice a versa. All black judges can havee their cases overturned or removed on cases involving blacks. It goes on and on. Ruling against this judge would have set a very bad, ugly precedent. So, you let it go and move on..



  22. 22

    Re: poodlewithamohawk – you clearly have illusions of grandeur



  23. 23

    Re: Team Kim Richards

    Definition of HOMOPHOBIA

    : irrational fear of, aversion to, or discrimination against homosexuality or homosexuals

    Definition of BIGOT

    : a person who is obstinately or intolerantly devoted to his or her own opinions and prejudices; especially : one who regards or treats the members of a group with hatred and intolerance



  24. 24

    Re: AttFinch – more to the point DElusions



  25. 25

    Re: AttFinch – My goodness…Atticus and MissJossette posting one right after the other after comments that I make. Grow the f*ck up. Did you bother to read that I am pro gay marriage? You sheep are such an ugly bunch.



  26. 26

    Re: EnumaElish – Did you just finish an essay in Social Science 101? Again another stupid assumption on my position on gay marriage rights. You don't even bother to read. Another sheep. Baaaaaah! I voted PRO gay marriage. ass wipe.



  27. 27

    Re: poodlewithamohawk – What is wrong with you? Why so much hate? For someone with such an extensive education, your arguments are childish and so is the language you use. I'll say it again. YOU DO NOT UNDERSTAND HOW THIS COUNTRY OPERATES.



  28. 28

    Re: poodlewithamohawk – No, I didn't just finish an essay in Soc 101, I learned it back in elementary school like a normal person. I had to write a mini essay for you since your original comment made it stunningly obvious that you don't have the first clue how the government in this country works. Whether you voted for or against gay marriage doesn't matter. It shouldn't be up for a vote in the first place. If you understood the governmental structure of the US, you'd know that.



  29. 29

    Re: EnumaElish – To Atticus and all of the other haters who are in lock step with their political agenda: What would happen if CA finally wakes up and approves gay marriage and a judge comes along and overturns it? Would that be OK with you? I don't think so. Re: MissJosette – I thought you were supposed to be the nice retired school teacher? I bet you were an excellent teacher who shut his/her students down if they contradicted your position. Now you call those who disagree with you, trolls. Name calling is really mature. BTW, do your roommates or same person attack anyone else so personally? If you are, I don't see. it. Get a kick out of stalking me? Sick behaviour. Re: EnumaElish – I'm guessing that you are under 21. I understand very well how this country works, especially because I pay close to 40% of my income in taxes. I don't live with mommy and daddy like you do. I also have lived abroad and taught abroad. This included an affiliation with the Communist Party. Don't make assumptions, little sprout.



  30. 30

    Re: AttFinch – Love you, Baby. You're such a stereotype of what most of America hates about groups with agendas. Keep up the good work. You'll continue to dig your comrades under the dirt and ruin everything we loved about the party to begin with.



  31. 31

    Re: MissJosette – Miss Retired teacher. You should be ashamed. I too have been a teacher. I have taught in the US as well as in third world countries. I hope you're enjoying your retirement benefits on the government dole. Vote Dem, Vote Dem, Vote Dem…for I am a retired government worker and my benefits are more important than the rest of working class America.



  32. 32

    Re: poodlewithamohawk – Sounds like you've had lots of jobs. Perhaps you have difficulty keeping one? By your tone and attitude, I can guess why you might have lost a few.



  33. 33

    Re: poodlewithamohawk – I am what I said I'm not "supposed" to be anything. people who intentionally bait other people-racially,politically and otherwise- those who write stuff obviously to get negative attention on gossipblogs are trolls. why are you always so defensive hon?



  34. 34

    Re: poodlewithamohawk – also do not make any assumptions about me, my retirement. Also dont assume who, why, if or what i have ever voted before for will ever vote for again. thanks



  35. 35

    Re: OhWEE123 – Internships are not paid jobs. And I interned for the Dem party. My work abroad was also volunteer work. I did not lose these jobs. Peace out!



  36. 36

    Re: MissJosette – Or you'll sick Atticus on me? You certainly have made enough rude comments about me. You're the defensive one, dear. For someone who was preaching kindness before, you've turned to infantile name calling. Peace out!



  37. 37

    Re: poodlewithamohawk – Wow you are all over the place. you say you are for gay equality yet you are sticking up for the biggest gay-bashing TROLL on this site? that is the only time i resorted to "namecalling" gotta wonder why that hit a nerve with you.