Gay marriage: Proposition 8 supporters say ruling should be voided because judge is in a same-sex relationship - latimes.com

Gay marriage: Proposition 8 supporters say ruling should be voided because judge is in a same-sex relationship - latimes.com

The principal point behind the argument is that Judge Walker, who is in a long term gay relationship, should have and did not recuse himself and disclose his relationship.  The argument is that the judge had an interest in the outcome since being gay if the proposition passed he could then marry his companion.

Common Sense wrote previously that the notion of same sex marriage is largely tied up in the use of the word marriage instead of something like civil union.  The point being that people have an absolute right to equal treatment under the law regardless of gender.  Thus if government is to be involved in the relationship between a man and a women for a variety of purposes such as taxes, inheritance, medical rights, etc. then those same benefits should be extended to all couples regardless of gender.  Common Sense also notes that for most of human history neither religion or government was involved in marriage.

That said, Common Sense wonders that if Judge Walker should have recused himself because he is in a same sex relationship should then a married judge recuse because of being in a relationship?  After all, a married judge would also have an interest in the outcome.  How about an unmarried judge with a live in companion?  Or a judge with no interest in anyone of either sex?  Wouldn't they have an interest in the outcome?  Common sense dictates that there are some issues for which it is all but impossible to find a disinterested judge.

Regardless of how anyone feels about it, homosexuality is simply part of the human condition.  Study after study shows that a significant minority of humans are homosexual.  It offends Common Sense and simple decency to deny to those individuals the benefit in law that is given to others.  Equal protection under the law should mean just that.  That's just common sense.