Just a quick (and what I think is obvious) word on the fact that the judge presiding over the Prop. 8 trial is gay: It was inevitable that he would have some sexual orientation, and there really aren't that many options.
The fact that he has a sexual orientation -- a homosexual one, as it turns out -- doesn't make Judge Vaughan Walker any more biased toward what some might view as his team's side than an opposite sexual orientation would in favor of the majority. Unless, of course, you go in for the notion that nobody is ever not biased by their sexual orientation -- which is, itself, a bias.
A rather potent bit of evidence suggests that Judge Walker has the ability to separate his sexual orientation from his legal work. When he was nominated to the bench (first, unsuccessfuly, by Ronald Reagan, then by George H.W. Bush), his biggest obstacle was opposition from the gay community because he had represented the U.S. Olympics in a trademark suit against the Gay Olympics. This caused gay activists no end of dyspepsia.
Both heterosexual and homosexual judges all have an identical obligation to be fair and impartial, and to be fully accountable. If Judge Walker does exhibit bias, that alone is enough for a reviewing court to disqualify him . No one defending Prop. 8 has even filed such a motion, to my knowledge, and if they have they certainly haven't convinced any higher court of the merits.
Of course non-participants like NOM and Ed Whelan, the Excitable Boy over at NRO, can get as rhetorically exercised as they wish. But anything Judge Walker does will be reviewed by at least three judges in the Court of Appeal, possibly another 11 or so there, and then nine more above them. To my knowledge, none of these potential reviewers is him or herself openly homosexual. But even if one or two has slipped through, the homosexuals will - as arithmetic demands - be vastly outnumbered.
That would leave bias unconnected to sexual orienation -- as it should be.
28 Comments for “My Bias Against Bias”
posted by jpeckjr on
The GLBT community must also not cry “traitor” if Judge Walker upholds Prop 8. An independent judiciary, essential to a democracy, must not be intimidated by either party in a dispute. If we publicly insist his sexual orientation is not biased in our favor, we must not secretly hope that he is biased in our favor either.
posted by Bobby on
Well, I’m glad he’s not another “wise Latina” like that chubby Chi Chi Rodriguez (Sotomayor) that got nominated to the Supreme Court and now panders to La Raza. Still, Bobo Hussein Obummer is smart on doing his Minorities Uber Alles thing now, pretty soon the republicans will take over the house and the senate and then Mr. Don’t Waste Your Money In Vegas While I Waste It In Hawaii will have to hear those beautiful words: no, no, no, no, no, no, no, every time he tries to shove his Marxism down the American people.
posted by Jorge on
Personally I think it’s a shame that this case isn’t benefiting immediately from the rich perspective of a wise straight white man.
But I suppose we’ve done fairly well as a country with heterosexual whites ruling it. One gay judge probably won’t ruin it by writing in comprehensible English. I imagine he’ll ask some pretty odd questions, but no one will care. They’ll still call him an Aunt Mary. Then he can be nominated by Sarah Palin to be this country’s first gay Supreme Court Justice.
I might have said this before, but the question isn’t whether he’s biased or not–everyone’s biased. It’s what he does with that bias.
posted by Tom on
Because this is a case in which appellate review is dead certain, how Judge Walker decides is less important than the legal quality of his opinion. His judicial record suggests that the quality will be high.
However he decides, the anti-marriage crowd will spin the fact that he is gay, using anti-gay and anti-marriage animus to fill the coffers yet again. Thumping the tub for dollars won’t affect the outcome of the case on appeal.
posted by Eric Whitney on
Your point is well taken, and I’m biased against bias too. That said, deep down, I still prefer seeing the case tried with a judge who’s family. His opinion will get reviewed by non-family up the food chain. But he’s the one, by and large, who determines the record of fact.
posted by trailrunnr on
using the logic of Rick Santorum as expressed in Phila Enquirer, a christian judge would also be disqualified as biased. Maybe he’s got a point there …
posted by trailrunnr on
I take it Bobby is a regular troll? You sure can’t argue with *his* impeccable logic!
posted by Bobby on
“I take it Bobby is a regular troll? You sure can’t argue with *his* impeccable logic!”
—Oh I get it, because I oppose minority-based politics I’m some sort of evil troll. Listen buddy, this isn’t huffingtonpost.com, we are allowed to be politically incorrect here.
posted by Debrah on
Bobby, your (9:21 PM) was rather like a Glenn Beck promo on steroids.
Now, now.
But you’re entitled to be as politically incorrect as you wish. LIS!
By the way, I actually watched his show for the first time the other day and must admit that he’s far more intelligent than I had first imagined.
When he used to show up on O’Reilly I developed a kind of negative vibe toward him. He sometimes acts so goofy. If you don’t stay for the whole show you only have his over-the-top demeanor as a reference.
He reminds me so much of a guy I went to school with and couldn’t stand. LOL!
Check out Beck’s Wiki page. His life is one of pure tragedy.
Kudos to anyone who is able to become a success after such a difficult life.
posted by Regan DuCasse on
Funny how even no one gay disputed Judge Walker overseeing this case when everyone thought he was straight.
Now the opposition to marriage equality is assuming this judge can’t or won’t separate his orientation from his work?
They don’t assume that when a majority of judges have decided cases on gay lives.
Is there no bottom to where the proponents of Prop. 8 won’t go?
Their case was weak and it WAS proven that animus was the intent and the purpose of most of their campaign materials and message.
Their witnesses ran or were utterly incompetent and disqualified to talk about the reality of gay lives and the impact on their own.
Judge Walker is 65 years old, did the opposition check his record and who he was appointed by?
posted by Bobby on
“Bobby, your (9:21 PM) was rather like a Glenn Beck promo on steroids.
Now, now.”
—Well, it was more like the bastard child of him and Rush Limbaugh. 🙂
“By the way, I actually watched his show for the first time the other day and must admit that he’s far more intelligent than I had first imagined.”
—I’m glad, I try watching him sometimes, his documentary about the atrocities of communism is excellent, and I’ve learned a lot about the origins of the progressive movement. However, he does depress me sometimes. Listening to him is like hearing a prophet of doom.
“When he used to show up on O’Reilly I developed a kind of negative vibe toward him. He sometimes acts so goofy. If you don’t stay for the whole show you only have his over-the-top demeanor as a reference.”
—I know, not everyone likes his style. I much prefer The O’Reilly Factor because Bill gets to the point weaker and I like neat little segments instead of monologues. However, have you tried watching John Stewart lately? His shtick is a lot crazier than Beck’s.
“Check out Beck’s Wiki page. His life is one of pure tragedy.
Kudos to anyone who is able to become a success after such a difficult life.”
—I just did, and its very inspiration how far he has come from that horrible background. I mean, a mother’s suicide, alcoholism, substance abuse.
By the way, you should check John Stossel’s show on the Fox Business Network, it’s really good. Every week you learn something new.
posted by Debrah on
Bobby–
I think much of Glenn Beck’s public persona stems from a layered set of survival skills built up as a child.
The mania, off course, is his schtick; however, much of the comedy/hysteria is, no doubt, and understandably, over-compensation for a tragic childhood.
You often see this kind of non-stop “showmanship” from people who experienced great tragedy as kids.
They either take those impulses produced by such heightened emotional and psychological experiences and go down the tubes, or they use the heightened awareness as a springboard to success.
I do catch John Stewart sometimes. Mostly when something controversial happens and he’s in the news. Yes, he’s really wild and I should remind myself to watch him more often.
I’ve heard good things about Stossel’s show from other people. I’ll try to check it out.
I can use all the “business” advice I can get.
GIS!
posted by Bobby on
Very insightful comments about Beck, Debrah. Did you major in psychology? Good stuff.
Today’s Stossel episode features several interesting topics, like how the government in Arizona persecuted a legitimate restaurant because patrons where dancing outside and apparently that’s a crime in Arizona. The restaurant eventually won in court because they don’t sell themselves as a dancehall and the dancing was spontaneous.
Then they had a story of a hot dog lady that can no longer sell bacon hot dogs because the city requires she purchases a $26,000 cart because some busybody thinks bacon is dangerous and prone to decay, never mind that she’s been selling those hot dogs for 20 years and nobody has gotten sick.
My favorite part dealt with the obscene salaries public workers like teachers, police officers and firemen get and how they can retire with full pensions at the age of 50 and get another job. Thus, some government workers get a pension of $100,000 a year and then run for city council or do something else and make a lot more.
posted by Jorge on
Since Glenn Beck is a libertarian, I tire of him very quickly. I also had the misfortune of having a week off during the first week in January when Glenn Beck was talking about his economic conspiracy theories. It was very boring.
What Beck’s gotten a lot of attention for is his extreme distrust of the Obama administration. I think his assumptions are overly paranoid, but he brings a lot of evidence to back him up, he’s the only person asking some of the questions that need to be asked, and you can’t argue with a record that includes forcing the resignation of Van Jones. In other words, the reason he is successful is because no one on the other side is good enough to rebut him or damage his credibility. Liberal bias strikes again.
posted by Debrah on
“Did you major in psychology?”
****************************************
No, just the usual courses taken as electives to fulfill semester requirements.
Ha! Your question reminds me of a psychology professor I had my very first semester freshman year.
Her name was “Benigna Magnus” or something like that. She was STRANGE.
She resembled Kathy Griffin—complete with the same thick neck like a wrestler—except for blond hair.
A funny guy sat behind me in the lecture hall who looked like George Costanza but with the personality of Beck. He would continually repeat her name in a nasal voice and create his own dialogue as she lectured.
Hmmmm…..your question makes me wonder whatever happened to “Benigna”.
LOL!
posted by Throbert McGee on
Her name was “Benigna Magnus” or something like that.
Heh. You’d expect her to be teaching “Introductory Psychokinesis” at Hogwarts…
posted by Hue-Man on
I’ll demonstrate my naïveté by confessing that I hadn’t given the judge’s sexuality a single thought before he was outed. Whether a judge likes men, women, both, or none of the above shouldn’t have a bearing on how he/she decides a case. We want judges to be members of the community, not cloistered automatons; this means they have to have a life history. I agree with your views of bias – it’s inescapable but not insurmountable.
posted by Debrah on
“You’d expect her to be teaching ‘Introductory Psychokinesis’ at Hogwarts.”
You’re right, “Throbert”.
Benigna might well be giving instruction on Hogwarts Personality Tests by now!
posted by trailrunnr on
bobby, you don’t know, but you may believe (wrongly) that I’m a slave to PC. You believe (wrongly in my opinion) in something you hotly and simplistically call “minority-based politics”. As in religion, knee-jerk beliefs don’t make for a good discussion. That’s why I say you can’t be argued with.
posted by Bobby on
“bobby, you don’t know, but you may believe (wrongly) that I’m a slave to PC. You believe (wrongly in my opinion) in something you hotly and simplistically call “minority-based politics”. As in religion, knee-jerk beliefs don’t make for a good discussion. That’s why I say you can’t be argued with.”
—I don’t remember debating you so I have no idea what you believe. I do think however that America is full of minority-based politics where instead of rewarding the best person for the job, the powers that be we look for minorities. This is NOT the dream Martin Luther King, Jr. had. My beliefs are not knee-jerk, they’re based on hundreds of examples where a member of the majority gets discriminated in favor of a minority.
Let me give you an example, the mayor of Las Vegas – Oscar Goodman, has never been a racist and has in fact defended black people in front of all white juries. Yet after Obama criticized wasting money in Las Vegas for the second time, he got angry and said if Obama comes to Vegas he’ll give him the boot back to Washington. So what did black community leaders did? They called him a racist.
This makes me angry because Obama’s statement has cost the city millions of dollars in lost revenues from conventions because now it’s politically incorrect for companies to have retreats in that wonderful city. The man who promised to create jobs has hurt the Las Vegas economy with his stupid statements, and yet it’s “racist” not to welcome him with open arms?
And who is Obama to criticize Las Vegas? The man seems to have no trouble taking expensive vacations at taxpayer expense in Hawaii and Martha’s Vineyard. He is a hypocrite of the worst kind, and saying that does not make you a racist.
posted by Tom on
Bobby: “The man seems to have no trouble taking expensive vacations at taxpayer expense in Hawaii and Martha’s Vineyard.”
The public cost of a presidential vacation is significant, but the president does not vacation at the public expense. The president pays for his own food and lodging and that of his family, including the cost-equivalent of a first-class airline ticket to and from the vacation destination.
The public cost is the cost of providing security and communications for the president in a location outside the White House, Camp David or the president’s private home, which have security and communications built-in at taxpayer expense.
Keeping a president secure and providing communications links for the president are costly, I’ll grant you.
But even “cheap” vacations — President Bush’s frequent trips to Crawford, for example — aren’t exactly cheap. The cost of Air Force One and the accompanying equipment C-47 that fly with the president, have been estimated at about $250,000 per Crawford trip — over $18,000,000 for his term in office. This is just the cost of getting President Bush too and from — it doesn’t include the cost of lodging and feeding the Secret Service in Crawford and similar associated costs.
Cost for security and communications goes with the territory, I’m afraid.
So what is your objection? I can’t imagine that you object to providing the President of the United States with security and communications while he is out of the White House, so I gather you object to President Obama going on vacation with his family.
Do the costs of President Bush’s 75-plus vacation trips to Crawford also stick in your craw? Or is your outrage confined to President Obama?
It seems like a cheap shot, Bobby. Or maybe you just wrote in a Rush.
posted by Debrah on
Tom—
You sure have the expenses of George Bush’s presidential trips all figured out.
How about Bill Jeff’s presidency?
And we’ll expect to see some reporting on Congress and Senate forays.
As well as a report equally as comprehensive on Barack Obama’s family when he leaves the White House.
Initially, I was not a huge George Bush fan; however, after witnessing the atrocious way he was treated by the media day after day, it was clear to anyone objective that anything he did would be highly criticized…….
……..once all his very truly remarkable work and wise decisions after 9/11 came to be taken for granted.
This country was saved from further attacks after 9/11 precisely because of the measures that GW Bush put into place. NO ONE will ever change that fact.
Obama’s overriding failure to engage Israel, and his less-than-intelligent foreign policy record, will mark his legacy if he doesn’t rid himself of the inept staff he’s now carrying like a dead weight.
Robert Gibbs is a moron.
The media glosses over every ounce of ineptitude.
Each faux pas—both major and minor—will be smoothed with the verbal pus of clownish talking heads like Keith Olbermann.
This reality actually harms Obama rather than helps him. Those of us who supported him didn’t do so for a tenure of continued obfuscation. He sold himself as a candidate who would govern from the center, but he didn’t keep his word.
As we’ve seen recently from Massachusetts voters and others around the country, the people are going to force Obama to keep his word……
…….or say bye-bye in 2012.
On a lighter note, albeit one that is glaringly real……
……just sit back and imagine for a moment if Laura Bush—even though she was much-loved and respected by the public—were ever to have been caught looking like this at the White House.
I’d say the work against “obesity” really does begin at home.
The American public, including yours truly, have given Obama and company pass after pass after pass on just about everything.
I often focus more on aesthetics and deliberately focused more on Obama’s eloquence and elegance—which have recently grown a bit stale—instead of scrutinizing his actual policies for the “meat”.
This was a concerted effort because I wanted the “black thing” finally taken off the table; however, as Bobby so clearly illuminates regarding the Las Vegas dust-up, nothing will ever be enough for the race hounds.
Former Virginia Governor Douglas Wilder hit the proverbial nail on its head with this one.
Obama’s “show” has expired. We need to see someone who knows how to govern without the teleprompter.
posted by Bobby on
“The public cost of a presidential vacation is significant, but the president does not vacation at the public expense. The president pays for his own food and lodging and that of his family, including the cost-equivalent of a first-class airline ticket to and from the vacation destination.”
—So when he was in Hawaii and took his daughters to a movie and the entire movie theater was empty, you think he paid for that? Come on, I’m sure the White House has a budget for such “incidentals.”
“But even “cheap” vacations — President Bush’s frequent trips to Crawford, for example — aren’t exactly cheap. The cost of Air Force One and the accompanying equipment C-47 that fly with the president, have been estimated at about $250,000 per Crawford trip — over $18,000,000 for his term in office. This is just the cost of getting President Bush too and from — it doesn’t include the cost of lodging and feeding the Secret Service in Crawford and similar associated costs.”
—Imagine the cost if Bush had vacationed in Hawaii instead. Look, I’m not blaming Obama for taking a vacation, I’m blaming him for trashing Las Vegas as a vacation destination. If he wants to speak about not wasting money on gambling, fine, but don’t mention Las Vegas because gambling can be done in many places.
“Do the costs of President Bush’s 75-plus vacation trips to Crawford also stick in your craw? Or is your outrage confined to President Obama?”
—The difference between Bush and Obama is that Bush was a good person who practiced what he preached. He didn’t play class warfare, he didn’t tell Joe the Plumber to spread the wealth, he didn’t try to control industries and to force health care reform down everyone’s throat. Bush wasn’t perfect, but he wasn’t a hypocrite either and he didn’t go around thrashing MSNBC the way Obama trashes Fox News and anyone who dares to criticize him.
“It seems like a cheap shot, Bobby. Or maybe you just wrote in a Rush.”
—My criticism was tame compared to the stuff Bush used to get. It’s funny how people forget how Bush was compared to Hitler and how they wanted to try Dick Cheney for war crimes. Back then the progressives used to say that there’s nothing more patriotic than dissent. Now instead if you’re a member of a Tea Party they call you a terrorist and a racist.
Rush was right in saying he hopes Obama fails, because if Obama succeeds the result will be higher taxes, more unemployment, more government regulation, less freedom and more suffering for the people. Barrack is a Jimmy Carter on steroids, I’m just glad that republicans are winning back the country because what’s going on now is worst than being in the south during reconstruction. Obama has to fail, the last time a progressive president got his way was Woodrow Wilson and thanks to him we have the progressive income tax which began at 1% and now goes all the way to 50% if my stats are correct.
posted by Tom on
Debrah: “You sure have the expenses of George Bush’s presidential trips all figured out.”
The GAO studied the cost of presidential air movement a decade or so ago. I just multiplied the cost per air mile by the rough number of air miles between Andrews and Fort Hood and the number of trips, and rounded. Not hardly rocket science. Flying Air Force One and a couple of cargo planes around isn’t cheap.
I’d be surprised if the cost of air travel was more than the tip of the iceberg.
I don’t begrudge a dime of it, not for President Obama and not for President Bush. I think that it is in our national interest to keep POTUS safe and in communication at all times, regardless of who is in office, even on vacation.
posted by Tom on
Bobby: “Look, I’m not blaming Obama for taking a vacation, I’m blaming him for trashing Las Vegas as a vacation destination. If he wants to speak about not wasting money on gambling, fine, but don’t mention Las Vegas because gambling can be done in many places.”
Then you needed to focus on that, rather than getting into a froth over irrelevant and petty crap like the cost of security when the president takes his daughters out to a movie on vacation.
Bobby: “My criticism was tame compared to the stuff Bush used to get.”
Sure, but that didn’t make it more relevant or less petty.
posted by Bobby on
“Then you needed to focus on that, rather than getting into a froth over irrelevant and petty crap like the cost of security when the president takes his daughters out to a movie on vacation.”
—Tom, I don’t think that’s irrelevant or petty, Obama’s daughters are not queens of Egypt, they are not entitled to empty theaters unless the messiah pays for that privilege out of his own pocket. And by the way, what is Obama afraid of? Plenty of presidents and their children have attended public events.
“Sure, but that didn’t make it more relevant or less petty.”
—Hey, just because you love Obama doesn’t mean my criticism of him isn’t valid. Your president is a disaster, what kind of job bill would offer employers $5,000 tax credit to hire people? Here’s a clue, when a company needs people they hire people, if they don’t need people then not even a $10,000 tax break helps.
Instead of criticizing me why don’t you look at Obama’s background? This guy comes from the scum of society, radical hippies, druggies, communists, Marxist professors, Chicago, I mean, he didn’t even perform a real job after college but became a Community Organizer. Seriously! At least a social worker helps individuals in crisis, what this guy does is get communities riled up while delivering little or nothing and collecting a bill.
Obama is ruining this country, and here’s the kicker, he says that we should not listen to the echo chamber. Get it? Obama like the stalinist he is wants to keep us uninformed and stupid. It’s just like Animal Farm when the pigs stop holding open meetings because they don’t want to bother the animals with the details. Well, I’m sick of it, the Tea Parties are sick of it, independents, conservatives, libertarians and some honorable democrats are sick of it to. WE DO NOT WANT PROGRESSIVE VALUES!
posted by Tom on
Bobby: “Obama’s daughters are not queens of Egypt, they are not entitled to empty theaters unless the messiah pays for that privilege out of his own pocket.”
I assume, perhaps incorrectly, that the Secret Service closed the theater to protect President Obama, not Malia and Sasha.
Bobby: “And by the way, what is Obama afraid of? Plenty of presidents and their children have attended public events.”
I don’t know why the Secret Service closed the theater in this instance. As you point out, the Obama family and the families of previous presidents have visited public places in the past without such a high level of security, and probably will continue to do so in the future.
I am willing to give the Secret Service the benefit of the doubt regarding the necessary level of security afforded the president at particular times and locations.
Absent evidence to the contrary, I accept that the decision the Secret Service made in Hawaii was reasonable and necessary in light of the circumstances.
The Secret Service doesn’t disclose information about such things, so we have no way of intelligently assessing the level of risk and whether the Secret Service’s decision was justified.
Security surrounding the president does seem to have increased significantly in the last decade. Whether or not that is reasonable is open to debate, I guess, but it seems to me that it is a debate that will have to take place without clear evidence one way or the other.
posted by Bobby on
“I assume, perhaps incorrectly, that the Secret Service closed the theater to protect President Obama, not Malia and Sasha.”
—That would actually be illegal unless the theater was compensated for lost revenue. After all, when the Bush daughters partied in college the secret service did not close the clubs for them.
“I am willing to give the Secret Service the benefit of the doubt regarding the necessary level of security afforded the president at particular times and locations.”
—I’m not, as a taxpayer I pay for the secret service, airport security, the FBI and all those government entities. They have to answer to me and the rest of America.