Judge Ware’s decision was swift. Within 24 hours, he issued his ruling against opponents of same-sex marriage. The editorial in the Sacramento Bee lauded the verdict:
“The sole fact that a federal judge shares the same circumstances or personal characteristics with other members of the general public, and that the judge could be affected by the outcome of a proceeding in the same way that other members of the general public would be affected, is not a basis for either recusal or disqualification,” Ware wrote.
Federal judges can be disqualified from a case if they have a financial interest in the outcome, a close friendship with litigants, or a strong personal bias. Ware forcefully reinforced that a judge’s race, gender, religious affiliation and, yes, sexual orientation isn’t enough by itself.
The Prop. 8 proponents insisted that they weren’t saying that Walker, who was randomly selected to hear the case, should have been disqualified just because he was gay. The issue, they said, was that he was in “the exact same shoes” as the gay and lesbian couples who brought the lawsuit to overturn Prop. 8 and could personally benefit from his own decision.
But by their logic, female judges could be challenged from presiding over sexual harassment, abortion or equal pay cases. As Ware asked, would black judges like himself be barred from civil rights cases? Would reverse discrimination cases be off limits to white male judges? Would heterosexual ones be forbidden from taking on gay rights cases? Where would you draw the line?
– Sacramento Bee, 15 June 2011, Editorial. Link.