“Kendell expects that if that happens, the measure’s proponents will make an issue of the judge’s sexual orientation.”
Its a two way street though, if the judge was hetro then the reverse would be true.
Everybody has a sexuality so the sexuality of the judge is not relevant. But I guess the fundies having failed to create a logical argument will clutch at straws.
The irony is that the fact this is being raised as an issue is further proof of the bias against gay people – something which is central to the ruling he’s called upon to render.
Eevn IF it is over turned (as it should be)the god squad will appeal. This will go on and on.
I agree. A persons sexuality should not be an issue when judging a case. As said above, if it goes against us, and the judge had been straight, would that have been sufficient grounds to appeal?
Of course they’re going to take it to appeals. They’re going to question his impartiality. So it doesn’t matter if we win the first time around when they’ll just go on to challenge it. We’re in deep water.
But if the prop 8 people win an appeal on these ground, they will be making the legal case for a counter appeal on the same grounds but with the situation reversed.
They;d have to provide evidence of partiality and I’m not sure that simply saying that he’s gay therefore can’t be impartial would cut it, especially considering his previous case where he acted for the people suing the Gay Games.
But I guess the Prop H8 supporters will feel the same way about this guy as we would about a mormon, catholic or evangelical christian judge sitting on the case.
It’s also clear that whoever wins at first instance will appeal and appeal and appeal until they get to the Supreme Court.
They cannot use this as grounds for appeal and they know it. That’s why the H8 lawyers haven’t even commented thus far because it doesn’t have any legal basis.
They can use it as grounds for appeal. I can’t imagine how easy it is to prove but the conduct of the judge is often grounds for appeal. I suspect the reason it hasn’t been mentioned is so that they can appeal it if things don’t go their way.