Tuesday, June 14, 2011

Judge Ware Upholds Judge Walker's Ruling on Proposition 8

Yay for our side!!! This doesn't change the fact that it still has to go through the 9th circuit court but it is definitely moving in the right direction!

Here is a bit from the ruling:

[The] presumption that “all people in same-sex relationships think alike” is an unreasonable presumption, and one which has no place in legal reasoning. The presumption that Judge Walker, by virtue of being in a same-sex relationship, had a desire to be married that rendered him incapable of making an impartial decision, is as warrantless as the presumption that a female judge is incapable of being impartial in a case in which women seek legal relief. On the contrary: it is reasonable to presume that a female judge or a judge in a same-sex relationship is capable of rising above any personal predisposition and deciding such a case on the merits. The Motion fails to cite any evidence that Judge Walker would be incapable of being impartial, but to presume that Judge Walker was incapable of being impartial, without concrete evidence to support that presumption, is inconsistent with what is required under a reasonableness standard.

Read the full ruling below:

Prop 8 Ruling

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