By LISA LEFF, Associated Press Lisa Leff, Associated Press – Tue Apr 26, 9:20 am ET
SAN FRANCISCO – Rumors swirled that the federal judge who had struck down California's same-sex marriage ban last summer was gay, but the lawyers charged with defending the measure remained silent on the subject. Their preferred strategy for getting the ruling overturned on appeal was to focus on the law, not a judge's personal life, they said.
Eight months later, Proposition 8's proponents and their attorneys have taken a new position. They filed a motion Monday seeking to vacate Chief U.S. District Judge Vaughn Walker's historic ruling, a move they said was prompted by the now-retired jurist's recent disclosure that he is in a long-term relationship with another man.
Lawyers for the ban's backers argue that the judge's relationship status, not his sexual orientation, gave him too much in common with the couples who successfully sued to overturn the ban in his court. The judge should have recused himself or at least revealed the relationship to avoid a real or perceived conflict of interest, the lawyers say.
"If at any time while this case was pending before him, Chief Judge Walker and his partner determined that they desired, or might desire, to marry, Chief Judge Walker plainly had an interest that could be substantially affected by the outcome of the proceeding," wrote attorneys for the coalition of religious and conservative groups that put Proposition 8 on the November 2008 ballot.
They are now asking the judge who inherited the case when Walker retired at the end of February to toss out Walker's August decision. The 9th U.S. Circuit Court of Appeals already is reviewing its legal merits at the request of the voter-approved measure's sponsors.
Walker has said that he did not consider his sexual orientation to be any more a reason for recusal than another judge's race or gender normally would be. A spokeswoman said Monday that the judge wouldn't comment on the motion.
American Foundation for Equal Rights President Chad Griffin, whose group has funded the legal effort to strike down Proposition 8, scoffed at the notion that the judge's personal life could imperil his ruling.
Griffin noted that the Obama administration recently had decided to stop defending the federal law that bans recognition of same-sex marriage after determining that it, too, was unconstitutional.
"This motion is another in a string of desperate and absurd motions by the proponents of Proposition 8, who refuse to accept that the freedom to marry is a constitutional right," he said.
Walker, a 67-year-old Republican appointee, declared Proposition 8 to be an unconstitutional violation of gay Californians' civil rights. He also ordered the state to stop enforcing the gay marriage ban, but the 9th Circuit put his order on hold while the case is on appeal.
Speculation about Walker's sexual orientation circulated during the 13-day trial that preceded his decision and after he handed down his ruling. Lawyers for Protect Marriage, the coalition that sponsored Proposition 8, however, had purposely refrained from raising his sexual orientation as a legal issue until Monday.
But they decided it gave them grounds for getting Walker's decision struck down after the judge disclosed his 10-year relationship this month to a group of courthouse reporters, said Protect Marriage general counsel Andy Pugno.
"We deeply regret the necessity of this motion. But if the courts are to require others to follow the law, the courts themselves must do so as well," Pugno added.
Indiana University Law School professor Charles Geyh, an expert on judicial ethics, said that without more evidence that Walker stood to personally benefit if same-sex marriages were legal in California, he found it difficult to imagine that the particulars of the judge's same-sex relationship provided gay marriage opponents with an avenue for reversing his ruling.
"It really implies it would be fine if he were essentially surfing at bars and had a new partner every night because he wouldn't want to be married," he said. "I don't see that as advancing their cause."
Proposition 8's sponsors also have been trying to get the federal appeals court to order Walker to return his personal video copy of the trial. The judge has been using a three-minute segment of one of their witnesses being cross-examined for a lecture he's been giving on cameras in the courtroom.
Tuesday, April 26, 2011
Saturday, April 23, 2011
Just Married Lesbian Gifts
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Gay And Lesbian Wedding Invitations
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Gay Life
I've always envied those families who accept their gay children and support their lifestyle. I had the kind of family who wanted me to be who they wanted me to be...not who I really was, so accepting a gay lifestyle would not have been in their realm of acceptance. I grew up in a small town of 8,000, and left home when I was 24 years old...not because I wanted to, but because I found out I was gay, and knew I couldn't survive in a small town. Like the line in the "Cheers" theme, "everybody knows your name".....everybody knew mine, and everything about me....except my deep, dark secret. The year was 1967, and coming out of the "closet" wasn't "fashionable". In fact, I lived in mortal fear that my family and friends would find out, so I moved to Chicago, where I could hide the truth from everyone who loved me. In the beginning, I went back home to visit frequently, but eventually my visits became few and far between, because I couldn't be "me". My family interpreted my behavior as my not caring about them, but the truth would have been extremely painful for them to accept. After years of hiding, I finally blurted out the truth to my sister, who eventually disclosed it to my mother. Needless to say, she didn't take it well. In fact, she passed away in 1989, and in her will she wrote, "I leave nothing to Kelly until she turns her life around." I don't mean to paint a bad picture of my mom, because she was one of the most wonderful, honest people I knew. She was very loving and giving and loved me more than life itself, but she couldn't accept the gay lifestyle, so our relationship was strained during the last years of her life, something I'll always regret. The sad fact is, no one asks to be gay. I know I sure didn't. Who would want a lifestyle that forces you to lie, and pretend you're someone other than who you really are? I share the same belief my gay brothers and sisters share....that gays are born, not made.
When Ellen DeGeneres "came out" on her show, in 1997, the world was stunned, and the truth almost ruined her career. No one would give her a job, and she almost went broke. To say I admire Ellen's courage is an understatement. I credit her with bringing the gay lifestyle to the forefront and giving other entertainers the courage to come out publicly. Way to go, Ellen! Coming "out" is easier for gays and lesbians these days. No one wants to be accused of being "politically incorrect", so the world's acceptance of the gay and lesbian lifestyle seems to be getting better, although we still have a long way to go. There will always be those who are repulsed by us, no matter how far we think we've come, and some who contend they're all right with it, even though they aren't. We never know what's said behind closed doors, which is where the real feelings come out. At least we're gaining ground on gay marriage, and that's a step in the right direction. I lost my partner of 25 years in October, and wasn't entitled to receive her social security. If gay marriage had been legalized in my state, perhaps it would have been awarded to me. As of this writing, only five states recognize gay marriage, so you see, we still have a long way to go. Keep fighting the good fight, my friends. Perhaps we'll get there yet.
When Ellen DeGeneres "came out" on her show, in 1997, the world was stunned, and the truth almost ruined her career. No one would give her a job, and she almost went broke. To say I admire Ellen's courage is an understatement. I credit her with bringing the gay lifestyle to the forefront and giving other entertainers the courage to come out publicly. Way to go, Ellen! Coming "out" is easier for gays and lesbians these days. No one wants to be accused of being "politically incorrect", so the world's acceptance of the gay and lesbian lifestyle seems to be getting better, although we still have a long way to go. There will always be those who are repulsed by us, no matter how far we think we've come, and some who contend they're all right with it, even though they aren't. We never know what's said behind closed doors, which is where the real feelings come out. At least we're gaining ground on gay marriage, and that's a step in the right direction. I lost my partner of 25 years in October, and wasn't entitled to receive her social security. If gay marriage had been legalized in my state, perhaps it would have been awarded to me. As of this writing, only five states recognize gay marriage, so you see, we still have a long way to go. Keep fighting the good fight, my friends. Perhaps we'll get there yet.
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