A federal judge who ruled against a ban on same-sex marriage in California and later revealed that he is gay showed no evidence he was prejudiced in the case, according to a ruling Tuesday.
U.S. District Court Judge James Ware upheld former colleague's Judge Vaughn Walker's ruling on California's Proposition 8. Questions had been raised about Walker's ability to impartially decide the controversial question of same-sex marriage.
"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," ruled Ware, based in San Francisco.
Ware backed the original ruling by Walker that the voter-approved ban on same-sex marriage in the state was unconstitutional. The new order keeps the issue on track to an expected Supreme Court challenge, perhaps by next year.
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This was the right thing to do.
Very good news indeed. They seem to be doing things right in California these days. First, they elect Jerry Brown as Governor and now this ruling by this federal judge. Everywhere else the news is grim.
If only Jerry Brown were President instead of this blood thisrty, Muslim hating Barack Obama. With him at the helm in Washington, we may finally get out of the Middle East where we belong!!! Enough of this needless bloodshed already!!!
I really don't care about who marries or not, but I don't want judges overturning the will of the voters. I voted for medical marijuana here in Michigan and don't want some power hungry judge or lawyer interfering with voter's deciding their own future. Put it on the ballot again and increase the campaigning to inform voters, but quit letting a few people decide what's best for us, because they happen to disagree with the voters. I find mega religions to be harmful to society, but I'm not going to worry about it, nor am I going to hire a lawyer to change things. People need to stop abusing the system, because it suits their needs. These same people will then cry foul when someone they don't like uses the same tactics.. Hypocrisy at it's finest.
You do know that loving v virginia which legalized interracial marriage was against the will of the people right? And at that time, 75%+ of the people were against interracial marriage. Past history shows that the "will of the people" tends to be wrong more often than right.
Lol! History of the world was awesome.. It's true everyone likes humor until it makes fun of them..
I wonder how much time must pass before bigots are clearly a minority that could not vote down civil rights.
This is the right decision on the issue that was before the court. Should Christians have to recuse themselves from religious speech cases, or black judges from civil rights cases? I would hope not.
Freedom is so cool.
Good. It isn't like being married has stopped judges from ruling on marriage. Id wager most laws on marriage were crafted by married people, seems the same should apply here as well.
Prop 8 is soooo gay
@ shadow man... Well said! Sometimes the will of the people is just plain unconst.itutional. Comparing your right to smoke reefer to your right to marry is a bit silly. Christians need to get over the fact that gays have/should have just as many rights as they do. It's not like they have to marry someone of the same gender just because the law says it's okay... To each his own!
@mylifemyway: Im not a christian.. Thanks for insulting me.. Liberals bashed the court system when Bush was handed the Presidency over Gore, now it's ok? I'm not comparing smoking weed to marriage you moron.. I'm saying I don't want one man deciding everything in this country. You're closer to a christian than I am.. Go hang out with the pope. Lol @Shadow... The 1967 overturning of interracial marriages was one judge overturning another and not a judge vs the people. The law was probably pre-civil war and most likely not a ballot initiative..
Hi I only like tyranny if it suits my agenda.. Now watch me complain when a right wing judge takes away another right of mine.. I'm just too stupid to understand such a simple concept.. Oh well..
I meant to add that the rest of my post was @ independent ;p
Lol. I am in no way a christian! Bush was handed that presidency cause of 'lil jeb... What a wonderful job he did too. You're soooo upset that the court overturned an unconst.tutional ban. Why? You DID make that comparison. Why even mention it if you weren't trying to make some point? Oh, and have some tact. I may have stated your comparison was silly (which it was) but name calling? Pffft. I also never called YOU a christian. I simply stated they are the ones crying a foul when no harm is done to them. Get over yourself. Go smoke a joint and relax man!
@mylifemyway: I actually support gay marriage, but I either want it done through the legislature or through ballots. I had to change my name from independent cuz it wasn't letting me post. You just proved my point about your hypocrisy though. You just said Bush was handed the election through his brother. Well is that not the same as a gay judge deciding what's best for everybody else? Both Jen and the gay judge have conflicts of interests in their respective cases. To be honest I don't smoke but I don't see the criminality in it, other than "a few people tell me it's wrong".. I'm very consistent.. You are consistently partisan and part of why things don't get done. Where were all the supposedly enlightened entertainers raising money to counter the christians' anti gay message? You mean to tell me that a bunch of right wing hick bible beaters managed to out campaign the rich liberal elites and win? The problem isn't them it's the lack of organization by California liberals. Just my opinion. Nice discussion though. It's we the people not we the judges. Remember that the next time a right wing judge tramples on your rights.
Jeb. Not Jen
Toe-tapping fun!