Can a gay judge rule impartially on gay marriage?
The anti-equality haters of Prop 8 say no, no he can't. The judge says that's absurd and is an extremely slippery slope.
Can a female judge rule impartially on gender discrimination lawsuits?
Can a black judge rule impartially on matters of race?
Are only rich white men who own property considered neutral? Of course not.
"Given that Chief Judge Walker was in a committed, long-term, same-sex relationship
throughout this case (and for many years before the case commenced)," the filing said, "it is clear that his 'impartiality might reasonably [have been] questioned' from the outset'."
The "Yes On 8" campaign also emphasized that it's not that they'd object to every gay or lesbian judge from presiding over the case -- only those that may want to get married one day.
The filing asks for Judge Walker's ruling to be vacated.
Walker confirmed to reporters in early April that he is gay. He said then that he never considered recusing himself from the trial: "If you thought a judge's sexuality, ethnicity, national origin (or) gender would prevent the judge from handling a case, that's a very slippery slope."
"I don't think it's relevant," he said.
"This reeks of a Hail Mary attempt to assail Judge Walker's character because they are unable to rebut the extremely well-reasoned ruling he issued last year," Jon Davidson, legal director for Lambda Legal, told the San Jose Mercury News .