American Foundation for Equal Rights

News Roundup: Prop. 8 Proponents desperate plea backfires in the media

On Monday, April 25, the Proponents of Prop. 8  asked that the District Court’s decision ruling Prop. 8 unconstitutional be vacated. Read AFER’s official statement.

Los Angeles Times: Debate over judge’s sexual orientation not likely to affect Prop. 8 case

By Maura Dolan

“‘I don’t think he needed to disclose that any more than a non-gay judge would,” said Northwestern University Law Professor Steven Lubet, who wrote a book on judicial conduct and ethics.”

Read more >

Associated Press: Experts: Judge’s sexual
orientation is non-issue

By Lisa Leff

“I don’t think this judge had any more duty to disclose his sexual orientation than a Christian or Jewish or Muslim judge has a duty to discuss their religion or a heterosexual judge has his duty to discuss their sexual orientation,” retired Illinois state Judge Raymond McKoski said.
Read more >

USA Today: Judge’s revelation prompts challenge to Prop 8 ruling

By Joan Biskupic

University of Minnesota law professor [Richard] Painter, who was a chief ethics adviser to President George W. Bush, says a judge need not step down because he belongs to a class of people affected by a case. Painter notes that male and female judges sit on sex discrimination cases. Read more >

Washington Post: Opponents of gay marriage getting slimy and desperate

By Adam Serwer

“The real problem faced by Prop 8 supporters real problem is that their case is profoundly weak, and relies almost entirely on archaic and rapidly eroding social prejudices against homosexuality.” Read more >

Above the Law: Apparently, Prop. 8 supporters are now comfortable with everybody knowing they’re raging bigots

By Elie Mystal

“… at long last the anti-gay marriage movement has been unmasked for what it is; disgusting homophobia and bigotry wrapped up in voter referendums and moving documents.” Read more >

Los Angeles Times: Who’s fit to judge?

“The group’s assertion that a gay judge in a relationship is less able than a heterosexual married judge to render a fair decision on a sexual-orientation case says more about the pervasiveness of discrimination against homosexuals than it does about Walker’s fitness to hear the matter.” Read more >

The New Yorker: A judge’s case

By Margaret Talbot

“… if you accept the logic of the anti-gay-marriage side, then straight married people living in California—indeed, straight unmarried people who might someday marry—would have just as much of a personal interest in the case. They’re the ones who Prop. 8 defenders insist would suffer…from the undermining of traditional marriage they say would come about if gay marriage were legalized. On those grounds, a heterosexual judge should have recused him or herself, too.” Read more >

The Advocate: Vaughn Walker’s sexuality irrelevant

By Erwin Chemernisky, founding dean, School of Law, UC Irvine

“It would have been unthinkable to say that an African-American judge could not have heard challenges to laws requiring segregation…Those who are attacking the decision by attacking Judge Walker should be ashamed.” Read more > Prop 8: Motion to vacate to crazytown

By Ari Ezra Waldman, professor, California Western School of Law

“This bad strategy will come back to haunt the Prop 8 Proponents. Already, public opinion is against them. Their substantive arguments are weak. And, if their anti-gay arguments at trial never go public, their homophobia is now a matter of public record.” Read more >