Just a Reminder: Judge Ware to Hear the Motion to Vacate Judge Walker’s Proposition 8 Ruling Today (Update: The Hearing’s Over)
[Guest post by Aaron Worthing; if you have tips, please send them here. Or by Twitter @AaronWorthing.]
Update: A number of twitterers who were there agree that the judge has expressed an intention of releasing a ruling within 24 hours.
Yes, that hearing is today. Walker has not, to my knowledge, been called to that hearing, but he will be there for another hearing on his use of video from the trial (in violation of his own order).
The disgusting thing in reading this is that virtually none of the people opposing this motion deal with the issue honestly, pretending that this is simply based on the judge’s orientation. The motion is crystal clear that it is concerned that the judge has an interest in marrying, and is therefore possibly literally deciding on his own rights.
As I wrote before:
By issuing a statewide injunction applying to all gay couples, that meant that if the ruling was upheld, and the stay is lifted, Judge Walker could go to a justice of the peace, and request that this person marry him to his long-term same-sex partner. And if that JP refused, the Judge could then go back to the federal court and move that the Justice of the Peace be held in contempt of his own order. Indeed, if he was not retired, according to the Anti-Proposition 8 forces, he could sit in judgment in the contempt proceedings.
And really this search should turn up many, many articles on the subject of this recusal.
The question I have is this. After months of media malpractice on the subject, how shocked will Proposition 8 opponents be if the decision is overturned?
We’ll just have to wait and see. By reports it might be going on as I write this.
Update: “Mitch” makes a fair point in the comments. The only thing reasonably certain to occur today is that the judge will hear the case. Whether or not he will rule in the matter today is anyone’s guess. I have seen judges rule on the spot, but its far from guaranteed. So the headline has been appropriately changed.
Update: Howard Mintz is liveblogging the hearing.
Update: This site is trying to transcribe it, live. They report that the proponents already lost the issue of the tapes. They are pro-gay-marriage, so don’t expect any sympathy for the proponents.
[Posted and authored by Aaron Worthing.]