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It turns out that the Federal District Court Judge who will be deciding the Prop 8 case, Judge Vaughn Walker, is gay. ¬†Unfortunately I worry that if he decides that Prop 8 is in fact unconstitutional, conservatives will be quick to blame it on his sexuality – suggesting that he’s biased. ¬†The fact that his sexuality is even making news headlines worries me, especially because there are people questioning whether he can be impartial in deciding this case. (Walker, as it turns out, is fairly conservative as politics go – his decisions have angered the gay community in the past.) I wish this didn’t have to be an issue, but it reminds me that people who are part of any kind of majority, be it sexual, racial, or gender, always forget that they too have a sexual orientation, a race, and a gender. Just because you are a straight, white male does not mean that you are free from bias. Unfortunately, however, if a straight judge was deciding this case we would not see article after article questioning whether he be able to remain unbiased. We do not question whether he will decide in favor of the Prop 8 supporters because he is straight. We assume that being straight (or white, or male) is the neutral center, and we don’t look any deeper. I’m keeping my fingers crossed that when the decision comes out, the media will focus on the legal reasoning and not Judge Walker’s sexuality.

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