Do you think Vaughn Walker should have excused himself from the Proposition 8 case because he was gay?

Question:

Do you think Vaughn Walker should have excused himself from the Proposition 8 case because he was gay?

Answer:

It's probably bad form to answer a question with another question, but who would have tried the case then? A straight judge? Wouldn't they have the potential of bias going the opposite way?

Aside from that, take into consideration that Vaughn Walker was a scary choice for the gay community when he was randomly selected to oversee the Proposition 8 trial. His tendency to lean toward the right in his rulings and the controversial judgments he has been involved in, such as the 1980's ruling against a gay organization about using the term Gay Olympics, had many people in the gay community worrying about his bias going the other way.

The plain and simple fact is that it is impossible to find a judge who has no potential for bias in this case, just as it was when white men decided civil rights for black people and men made decisions for woman's suffrage. No matter who is chosen, either side can cry foul. So, we had to leave it the system to be fair.