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A bad day for witch hunts

by Jeremy Hooper
Finally, 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.
Accordingly, the Court DENIES Defendant-Intervenors’ Motion to Vacate Judgment on the ground that the presiding judge failed to recuse himself under Section 455(a).
The Court DENIES Defendant-Intervenors’ Motion to Vacate Judgment.

Dated: June 14, 2011
JAMES WARE United States District Chief Judge


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