NCLR Reacts To Prop 8 Hearing

Via press release:

Today, Chief Judge James Ware of the U.S. District Court for the Northern District of California heard arguments on a motion to invalidate former U.S. District Court Chief Judge Vaughn Walker's landmark ruling striking down Proposition 8.

Statement by NCLR Executive Director Kate Kendell:

"Today's hearing made it crystal clear that the Prop 8 proponents' central claim--that Judge Walker should have recused himself from the case because he is in a same-sex relationship--is absolutely baseless. During the hearing, Judge Ware pointedly asked the attorney for the proponents whether an African-American judge would have to recuse himself from a race discrimination case because some people might view him as biased. As Judge Ware's question artfully showed, our legal system does not assume that judges who are in the majority with respect to their race, religion, sexual orientation or any other personal characteristic are the only ones who can be unbiased. Judges take an oath to be impartial and do their job faithfully. It is outrageous and offensive to suggest that a gay judge is incapable of fulfilling that vow, or that Judge Walker did not do so in this case. We are hopeful that the ruling will dismiss this bigoted attempt to discredit Judge Walker's eminently sound ruling that concluded correctly, after weeks of trial and months of careful consideration, that Prop 8 is unconstitutional."

A ruling is expected within 24 hours.

UPDATE: Lambda Legal weighs in.

"Instead of putting Prop 8 on trial, the proponents attempted to put the judge who presided over the case on trial. But the absurdity and offensiveness of the Proponents' position - that a gay judge cannot decide a civil rights issue - became even more apparent under the court's rigorous questioning. Apparently, the Proponents also believe that the impartiality of female judges who have been the victims of rape is open to question in cases involving sexual assault. The court is likely to deny this motion for what it is: a desperate and dangerous witch hunt for gay judges that comes at the expense of judicial integrity."

Rolling Stone Rips No On 8

Rolling Stone has published a lengthy piece by Tim Dickinson about the campaign to fight Prop 8. A small excerpt:

"This was political malpractice," says a Democratic consultant who operates at the highest level of California politics. "They fucked this up, and it was painful to watch. They shouldn't be allowed to pawn this off on the Mormons or anyone else. They snatched defeat from the jaws of victory, and now hundreds of thousands of gay couples are going to pay the price."

And more:

The No on Prop 8 campaign, meanwhile, was oblivious to the formidable field operation that the other side was mounting. Worse, its executive committee refused to include leaders of top gay and lesbian grass-roots organizations, which deprived them of an army of willing foot soldiers. "We didn't have people going door to door," admits Yvette Martinez, the campaign's political director. The field operation consisted of volunteers phone-banking from 135 call centers across the state, an effort that didn't begin ramping up until mid-October. "They had no ground game," says a leading Democratic consultant. "They thought they could win this thing by slapping some ads together. It was the height of naiveté."

National Center For Lesbian Rights head Kate Kendall responds in the story's comments:

"When Dickinson called to interview me about the No on Prop 8 campaign it became obvious he wasn't interested in the facts about the campaign, he wanted only information that supported this hit piece. When he didn't like my answers, he just asked more leading questions. We lost. Yes, as in any campaign, mistakes were made, but to quote from unnamed sources and anonymous gay leaders running for cover in the wake of this devastating loss while ignoring all facts that don't support your assasination attempt against those who worked tirelessly for months is not jouralism, it's just trash. Dickinson should ply his "blaming the victim" tactics with the National Enquirer."