Quote Originally Posted by jake View Post
What possibility for bias was there? That he is gay? Wouldn't that also mean a straight judge would have to remove himself from the case?
The bias IS that, yes, he is gay. And I see your point about if he were straight then that's a bias as well. However, you have to weigh this in with what is "average" (I was going to say normal but that would be mis-interpreted). On average marriage is between a man and a woman, but in this case they are trying to change the average, and he is on the "activist" side of the case.

The same would ring true if a Hispanic judge were to sit in ruling of a case where Hispanics gain some significant new right. If it were a black judge, there's no pony in the race. If it's a white judge then there is a high likelihood there is no pony in the race, but perhaps there might be.

I completely understand your point but I believe there is a difference in THIS case if a gay judge ruled on an appeal from the community that he is a part of. Who is to say that he wasn't for prop 8 to start with? Nobody, but any chance of impropriety has to be brought into question. In my experience, at least, it is more likely a gay person will be PRO gay than it is that a straight person will be ANTI gay.

All of this being said, he did the right thing by postponing his ruling pending the appeal. Perhaps he knew that there was possibility for bias in this case and by postponing the ruling he was appeasing both sides to some degree.