First Prop 8 Amicus Brief Raises Issue of Judge's Sexual Orientation

[Tx4obama]

Source: Law.com

Before gay marriage foes filed their first brief to the 9th U.S. Circuit Court of Appeals seeking to restore Proposition 8, both parties agreed to open up the matter to amicus curiae briefs.

Who would have the first say? A guy named Robert Wooten, who wastes no time in making things personal, at least for Northern District Chief Judge Vaughn Walker, who in August delivered the landmark ruling calling Prop 8 unconstitutional.

"If the allegation that Judge Walker is a homosexual is true, he has a personal interest in the outcome of the trial" and should have recused himself, the brief states.

And with that, the speculation over Walker's sexual orientation is now apparently for the first time part of the court record.

Read more: http://www.law.com/jsp/article.jsp?id=1202472224189&First_Prop__Amicus_Brief_Raises_Issue_of_Judges_Sexual_Orientation

[Lil Missy]

1. LOL! So to be fair, a straight judge should decide??

[WillParkinson]

4. Yes, of course....

Straights know what's best for gay people. And straights would never ever be biased in any way, shape or form. I mean just look at the Prop 8 folks.

:puke:

[wtmusic]

5. No, because a straight judge would also have an interest in the outcome

as would a transgender judge, etc.

A coin flip is the only fair way to settle this thing.

[David Zephyr]

6. That's the stupid logic these idiots have.

In other words, only a heterosexual can be trusted to rule on civil rights of heterosexuals. Wow. They really are crazy.

[boppers]

2. That's one ugly brief

PDF: http://legalpad.typepad.com/files/wooten-amicus.pdf

[KamaAina]

3. So Thomas should have recused himself from cases involving the civil rights of African Americans?

Oh, that's right. He voted against them. :eyes:

[TygrBright]

7. Okay, where is the nearest asexual hermaphrodite judge? n/t

[dogknob]

12. I guess we need the Starchild...

...from the end of "2001: A Space Odyssey" A being with no physical body -- comprised of pure thought. I'll give its agent a call, but I don't think we can afford it.

[CreekDog]

8. They argued that straight marriages would be harmed by a Prop. 8 loss

so that means a straight judge, following their logic, would benefit from a particular outcome.

perhaps only priests should decide this case.

[EFerrari]

9. Good. Let them be as overtly horrible and stupid as possible.

It will probably speed the case along.

[ruggerson]

10. Great. It exposes how empty their argument is

n/t

[jmowreader]

11. Okay, fine. I volunteer to be the judge.

I have never been to law school, nor do I know how to get to one, but I will judge this case fairly and on the merits.

Basically, the Proposition 8 supporters have none. Their whole case comes down to "our feelings will be hurt if gay marriage passes."

It's not going to injure opposite sex marriage: in the states where same-sex marriage is legal there still seem to be as many opposite sex marriages as there were before the law passed. (However, if I was a wedding planner in one of those states I'd figure out how to do a female-female wedding damn quick--can you imagine how much money you'd make in pleasing TWO WOMEN?)

[fasttense]

13. Following that logic, then only gay and lesbian judges should hear cases involving heterosexuals.n/t

[strategery blunder]

14. LOL @ the brief

"...and that if it (the Constitution) does concern itself with civil rights, the U.S. Supreme Court has misinterpreted the Fourteenth Amendment"

This brief is gonna get laughed out of the court. Like a circuit court of appeals has the authority to say outright the US Supreme Court misinterpreted the Constitution. :rofl:

Edited because apparently anything within brackets gets dropped unless it's HTML code, even though it's standard convention to use brackets to indicate words added to a quote for clarity.

[defendandprotect]

15. And what's the sexual orientation of Robert Wooten ... or church interests ...???

Obviously, organized patriarchal religious teachings have made homosexuals their enemies --

the US government would be telling the church they are wrong!

Wow !!

[h8okra]

16. The solution is that only judges ....

that are hermaphrodites can take on cases involving sexual orientation.

[COLGATE4]

17. That POS petition is one big hunk of FAIL

Sounds like it was prepared by a graduate of Liberty University's "Law" school.

[Tempest]

18. When you have a losing game plan, you blame the referee

I don't see the 9th circuit court looking too kindly on this attack on Walker.