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Old 08-06-2010, 12:14 AM
 
Location: San Antonio Texas
11,431 posts, read 19,008,953 times
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Scalia is an ultra-Catholic. The Catholic church is vehemently against any recognition of same sex partnerships (where sexual intimacy is involved), much less legal recognition from the State for those relationships. If the rabid anti-gay crowd insists that Judge Walker (an openly gay man) should have recused himself, then why wouldn't we ask strongly religious Justices like Scalia and Thomas to recuse themselves?
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Old 08-06-2010, 01:11 AM
 
Location: Not far from Fairbanks, AK
20,293 posts, read 37,205,915 times
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Quote:
Originally Posted by wehotex View Post
Scalia is an ultra-Catholic. The Catholic church is vehemently against any recognition of same sex partnerships (where sexual intimacy is involved), much less legal recognition from the State for those relationships. If the rabid anti-gay crowd insists that Judge Walker (an openly gay man) should have recused himself, then why wouldn't we ask strongly religious Justices like Scalia and Thomas to recuse themselves?
If Judge walker didn't recuse himself, why should Scalia?
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Old 08-06-2010, 01:19 AM
 
Location: California
37,143 posts, read 42,240,055 times
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I don't know why. Having a multiple eyes and views is part of what makes for good decisions.
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Old 08-06-2010, 04:10 AM
 
Location: Earth
24,620 posts, read 28,295,951 times
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Hey, if the SC can make a business entity a person with the rights that includes, perhaps they'll make the GLBT citizens the same rights as they gave a business.

Who knows?

Besides this is about the Constitution, not personal beliefs.
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Old 08-06-2010, 10:29 AM
 
Location: Littleton, CO
20,892 posts, read 16,088,210 times
Reputation: 3954
Quote:
Originally Posted by wehotex View Post
Scalia is an ultra-Catholic. The Catholic church is vehemently against any recognition of same sex partnerships (where sexual intimacy is involved), much less legal recognition from the State for those relationships. If the rabid anti-gay crowd insists that Judge Walker (an openly gay man) should have recused himself, then why wouldn't we ask strongly religious Justices like Scalia and Thomas to recuse themselves?
The simple fact is... the "rabid anti-gay crowd" never even asked Judge Walker to recuse himself. In fact the proponents of Prop 8 who defended the case said before hand it was not an issue. The reason is pretty obvious.

If a gay judge had to recuse himself from the case because of a supposed bias, wouldn't a straight judge have to recuse himself for the same reason?

Who could judge the case at all?



So... in answer to the OP, neither Scalia nor Thomas should recuse themselves. But then it probably will never get to them.

When the 9th District affirms on appeal, I predict SCOTUS will simply decline to grant certiorari at all. They prefer to leave questions like this up to the states.
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Old 08-06-2010, 11:31 AM
 
33,387 posts, read 34,863,645 times
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Quote:
Originally Posted by HistorianDude View Post
The simple fact is... the "rabid anti-gay crowd" never even asked Judge Walker to recuse himself. In fact the proponents of Prop 8 who defended the case said before hand it was not an issue. The reason is pretty obvious.

If a gay judge had to recuse himself from the case because of a supposed bias, wouldn't a straight judge have to recuse himself for the same reason?

Who could judge the case at all?



So... in answer to the OP, neither Scalia nor Thomas should recuse themselves. But then it probably will never get to them.

When the 9th District affirms on appeal, I predict SCOTUS will simply decline to grant certiorari at all. They prefer to leave questions like this up to the states.
this.
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Old 08-06-2010, 12:21 PM
 
Location: Portland, Oregon
5,299 posts, read 8,259,142 times
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Ronald Reagan appointed Judge Walker so what's the big deal with conservatives complaining. The complaint should have been lodged before the trial started, and not after the ruling has been made. I agree with a PP. Using the argument that a gay judge should recuse himself, then so should a straight judge. Judges of African American or Asian descents should also recuse themselves from cases if the defendant is of the same race. This argument is baseless and ridiculous.
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Old 08-06-2010, 12:31 PM
 
Location: San Antonio Texas
11,431 posts, read 19,008,953 times
Reputation: 5224
Quote:
Originally Posted by HistorianDude View Post
The simple fact is... the "rabid anti-gay crowd" never even asked Judge Walker to recuse himself. In fact the proponents of Prop 8 who defended the case said before hand it was not an issue. The reason is pretty obvious.

If a gay judge had to recuse himself from the case because of a supposed bias, wouldn't a straight judge have to recuse himself for the same reason?

Who could judge the case at all?



So... in answer to the OP, neither Scalia nor Thomas should recuse themselves. But then it probably will never get to them.

When the 9th District affirms on appeal, I predict SCOTUS will simply decline to grant certiorari at all. They prefer to leave questions like this up to the states.
Every talk show that I've been listening to has said the opposite, that the SCOTUS will run to take the case if the Circuit Court affirms Judge Walker's decision. Just look what they did on Bush v Gore. That was considered to be a State argument, but the Conservative side wouldn't hear of that and butted into it so that Bush could be the next POTUS.
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Old 08-06-2010, 12:34 PM
 
Location: San Antonio Texas
11,431 posts, read 19,008,953 times
Reputation: 5224
Quote:
Originally Posted by tigerlily View Post
Ronald Reagan appointed Judge Walker so what's the big deal with conservatives complaining. The complaint should have been lodged before the trial started, and not after the ruling has been made. I agree with a PP. Using the argument that a gay judge should recuse himself, then so should a straight judge. Judges of African American or Asian descents should also recuse themselves from cases if the defendant is of the same race. This argument is baseless and ridiculous.
Tigerlily, I agree with you 100%! I just don't like the idea that the rabid religious folks are screaming and hollering that since Walker is gay that somehow he is not capable of making a sound decision because of his perceived personal prejudice/life experiences.
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Old 08-06-2010, 12:38 PM
 
13,005 posts, read 18,919,106 times
Reputation: 9252
If they were gay I would say yes, they should recuse themselves. Since there is no evidence of that, they should take part in the decision.
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