Motion to Vacate Perry v. Schwarzenegger Decision Denied

http://michael-in-norfolk.blogspot.com/2011/06/motion-to-vacate-perry-v-schwarzenegger.html
Thankfully, the effort of the Christianists and Proposition 8 supporters to have Judge Walker's decision in Perry v. Schwarzenegger vacated was denied in a ruling handed down today. Faced with a likely finding that they lack standing to fight an appeal, this last ditch effort centered on the allegation that since Walker is gay and in a relationship, he was too biased to hear the District Court trial. The entire episode demonstrates that the Prop 8 supporters don't have a valid case - indeed, they never did. Should the Ninth Circuit Court of Appeals find that they lack standing, I hope the court assesses attorneys fees against them. One would also wish that their attorney would be sanctioned for filing frivolous motions as an added measure. The full ruling can be found here. Metro Weekly has coverage on the ruling. Here are some highlights:
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U.S. District Court Judge James Ware ruled today that the Aug. 4, 2010, decision by now-retired Judge Vaughn Walker striking down Proposition 8 as unconstitutional could not be vacated -- as the proponents of Proposition 8 argued on Monday, June 13 -- because Walker is gay and has a partner.
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In introducing the denial, Ware writes: After considering the Oppositions to the Motion and the governing law, as discussed below, the Court finds that neither recusal nor disqualification was required based on the asserted grounds. The sole fact that a federal judge shares the same circumstances or personal characteristics with other members of the general public, and that the judge could be affected by the outcome of a proceeding in the same way that other members of the general public would be affected, is not a basis for either recusal or disqualification under Section 455(b)(4). Further, under Section 455(a), 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. Accordingly, the Motion to Vacate Judgment on the sole ground of Judge Walker’s same-sex relationship is DENIED.
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The presumption that Judge Walker, by virtue of being in a same-sex relationship, had a desire to be married that rendered him incapable of making an impartial decision, is as warrantless as the presumption that a female judge is incapable of being impartial in a case in which women seek legal relief. On the contrary: it is reasonable to presume that a female judge or a judge in a same-sex relationship is capable of rising above any personal predisposition and deciding such a case on the merits.
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Earlier in the day (before the ruling was handed down), a post at Huffington Post looked at the dangerous precedent a ruling in favor of the Prop 8 supporters would have established. Indeed, it would have opened many court rulings to frivolous challenges. Here are some high points:
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Yesterday a team of lawyers sought to undermine the U.S. legal system. I'm not speaking in hyperbole -- these members of the bar attempted to discredit every black, female, non-christian, or gay judge in the country.
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According to the logic of the Prop 8 counsel, no African-American judge could sit on a case that dealt with discrimination -- including cases where police officers are accused of racial profiling, where schools are accused of excluding students of color, where an individual was not given a promotion because of the color of his or her skin.
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According to this damaging logic, no woman could sit on a case where abortion, divorce rights, child support rights (for women), gender discrimination etc. are considered. The same goes for Jewish judges considering freedom of religion issues. And yes, any judges who are gay or have gay family members or friends would also be booted from cases that deal with gay rights issues.
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Make no mistake. The Christianists are a clear and present danger to the rule of law and equal rights for all citizens under the U. S. Constitution. It is far past time that their seditious agenda be called out and made obvious to even the worse dullards in the public.