Enter Judge Walker. In unprecedented form, and to plaintiffs’ delight, he has created a circus-like atmosphere throughout. He even violated federal rules by deciding to allow the trial to be broadcast worldwide, but was subsequently shot-down and sharply rebuked by the U.S. Supreme Court for doing so.
Unfortunately, the damage was already done. Prop 8 supporters lost around two-thirds of their expert witnesses who, naturally – based on homosexuals’ violent reaction to passage of Prop 8 – feared for their own safety and for that of family members.
Judge Walker then ordered Prop 8 proponents to disclose private communications, work product, emails and campaign strategies to plaintiffs while – in an example of jaw-dropping inequality – permitting plaintiffs to keep the same materials secret.
He also allowed plaintiffs a parade of “expert” witnesses who viciously maligned Christians and other observers of natural and historic sexual morality as “prejudiced,” “bigoted” and “homophobic.”
This is no different than having an avid gun dealer/collector preside over a Second Amendment case – or a frequent user of medical marijuana deciding the legality of medical marijuana.
Even his fellow judges on the notoriously liberal 9th Circuit Court of Appeals have been forced to step-in and overturn more than one of his inexplicable rulings on the case.
Unfortunately, based on his demonstrated misbehavior, there’s no reason to believe any of that will change. At worst, Judge Walker’s continued involvement with this case presents a textbook conflict of interest. At best, it objectively illustrates the unseemly appearance of a conflict.
The framers of the U.S. Constitution – who referred to homosexuality as “the sin that dare not speak its name” – could not have even conceptualized the ridiculous and oxy moronic notion of “gay marriage,” much less considered it a constitutional right. Still, if Judge Walker miraculously divines from thin air that Patrick Henry had a fundamental “right” to marry Henry Patrick, then who among us will be surprised?
Yes, he could stun the world and place constitutionalism – which he’s sworn to observe – above personal ideology; but, based on his actions throughout this trial, I’m betting the fix is in.
This much is for sure: Any decision favoring plaintiffs in this case will be permanently marred and universally viewed as stemming from Judge Walker’s personal biases and alleged lifestyle choices.
For these reasons, and in the interest of justice, he should now do the honorable thing and recuse himself.
Matt Barber is founder and editor-in chief of BarbWire.com. He is an author, columnist, cultural analyst and an attorney concentrating in constitutional law. Having retired as an undefeated heavyweight professional boxer, Matt has taken his fight from the ring to the culture war. (Follow Matt on Twitter: @jmattbarber).