Mario Diaz

If you’d like to know what hours of fingernail scraping on a chalkboard feels like, simple give the recent California marriage decision a close read. It’s so blatantly biased as to border on comical. And because it is so over-the-top, the Ninth Circuit Court of Appeals will find it hard to uphold it without employing some creative legal gymnastics to minimize the damage created.

The man responsible for the opinion is United States District Chief Judge Vaughn R. Walker, whose conduct at trial and tone in the opinion resembles Perez Hilton at the Miss America pageant. Who can forget Hilton who, when Miss California said she believed marriage to be the union between one man and one woman, famously ranted: “[L]et me explain to you: she lost, not because she doesn’t believe in gay marriage. Miss California lost because she is a dumb [expletive], okay?”

And that’s about as good an explanation as any of Judge Walker’s conclusions in this case. Actually, if Prop. 8 supporters prevail on appeal, it shouldn’t surprise anyone to see Judge Walker follow Hilton’s advice to snatch “that tiara off her head” and run “out the door.”

Way beyond the mere “appearance of impropriety”

From the beginning, Judge Walker’s bias, personal feelings, and emotions were evident to anyone following the trial. The report from the San Francisco Chronicle that Judge Walker himself is a homosexual only helped to explain the reasons for Judge Walker’s bizarre behavior. But his biased actions in support of pro-homosexual “marriage” advocates and against the supporters of traditional marriage were in plain view for everyone to see, regardless of his motivation.

The Supreme Court quickly recognized that Judge Walker was treating the case differently when it finally put an end to his staunch advocacy for broadcasting the trial in direct violation of the rules:

The District Court [i.e. Judge Walker] attempted to change its rules at the eleventh hour to treat this case differently than other trials in the district. Not only did it ignore the federal statute that establishes the procedures by which its rules may be amended, its express purpose was to broadcast a high-profile trial that would include witness testimony about a contentious issue (emphasis added).


Mario Diaz

Mario Diaz is the Policy Director for Legal Issues at Concerned Women for America.

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