Notre Dame Prof’s Challenge to Prop 8 Judge Fails to Persaude

Prop 8Professor Bradley at the University of Notre Dame thinks that Judge Vaughn Walker should have recused himself for his interest in the outcome of the Prop 8 litigation.

It’s not that Judge Walker is gay, you see.

Oh no, of course not.

It’s that he’s a gay man who actually dates men. Therefore, he might want to marry one of them. That gives him a “financial interest” in the outcome of the Prop 8 litigation.

However finely he tries to split these hairs, Professor Bradley cannot get to a convincing argument.

Suppose the judge hearing the case were a straight women. And not just a straight woman, but one who actually dates men. We could surmise that she might want to one day marry one of those men, have children with him, and become a stay-at-home mom dependent on her husband’s income.

According to Prop 8 supporters, gay marriage threatens the success of that plan. Therefore, that judge would have a financial interest in upholding Prop 8. She would need to recuse herself under Professor Bradley’s “logic.”

In fact, the proponents of Prop 8 argued that gay marriage undermines all straight marriages. Obviously then, all straight people who either are now or ever want to be married to someone of the opposite sex, have a financial interest in the litigation, according to Professor Bradley. Therefore no straight person is sufficiently disinterested to rule on the Prop 8 litigation.

Who is left? Bisexual judges? Asexual judges? Do they need to fill out forms now?

Can someone do a spreadsheet?!

Obviously, Professor Bradley is not opposed to judges having a personal stake in marriage. He just wants it to be the personal stake of which he approves.

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