For those of you at home who are just joining us, this is the side-trial brought by the sore losers of the main Prop 8 trial.
The short version is, last year Judge Walker ruled that there is no compelling state interest in denying same-sex couples marriage rights, and struck down Prop 8. He did, however, stay his ruling (that means it won't go into effect yet) because it was pretty much a given that this would be appealed. Currently, we're waiting on a decision as to whether that appeal will even be heard, based on the question of whether the Yes on 8 side has standing to represent Prop 8, given the fact that both the California state governor and the CA Attorney General declined to back this steaming pile in court. If this court decides the Yes on 8 side DOES have standing, they will hear the appeal (a few more years in court). If not, Judge Walker's ruling stands.
Now while we all wait on that, the Yes on 8 side has decided that since Judge Walker happens to be in a long-term, committed, same-sex relationship, he should have recused himself from the case.
This is the most asinine, absurd thing they've done thus far.
Okay, so shouldn't a straight judge have done the same by that logic?
Are we going to start demanding every judge whose gender, sex, socio-economic background, religion, race, or ethnicity MIGHT affect their ruling (or would if, y'know, they weren't judges whose sole purpose is to try to be neutral about these things)?
No. Because we'd get even less done than we already do, and that's not how our justice system works.
This is essentially the Yes on 8 side grasping at straws, bellowing "HEY YOUR GAY" (yes, wrong your/you're on purpose, that was the point) to try to distract us all from the fact that they not only don't have a leg to stand on, but that outright EMBARRASSED themselves in court last time. (Read the transcripts. Seriously.)
Judge Ware's ruling, the one that has just been appealed, is basically "GTFO are you kidding me?!" ... meaning Judge Walker's ruling stands and isn't going to be thrown out because he happens to have a same-sex partner. But the homo-bigots cling desperately to their delusions and are seriously going to go for an appeal...
I think this clip from Monty Python and the Holy Grail serves as a beautiful metaphor, with the Yes on 8 side being the Black Knight and King Arthur being the non-homobigots:
[TW: (implied) violence]
These douchecanoes are wasting all of our time and tax dollars. Meanwhile, about those jobs..