Quote Originally Posted by Ranger View Post
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.
Of course, he should have excused himself from making the ruling on the grounds that he's a conservative which is the traditional home of the idea that marriage = man + woman, but he didn't do that either.