Photo: Justin Sullivan/Getty Images
The American Family Association, one of the conservative religious groups who led the Proposition 8 effort to ban gay marriage in California, is calling for the impeachment of the federal judge who ruled two days ago that Prop 8 is unconstitutional.
According to the AFA message posted on its website, Judge Vaughn Walker of the U.S. District Court for the Northern District of California should be impeached because:
- Walker's decision overturning Prop 8 "frustrated the express will of seven million Californians who went to the polls to shape their state's public policy on marriage;"
- "Judge Walker is an open homosexual, and should have recused himself from this case due to his obvious conflict of interest. "
- "Federal judges hold office only 'during good Behaviour,' and ...Judge Walker's ruling is not 'good Behaviour.'"
Accordingly, the AFA's message asks its supporters to contact their congressional representatives to begin an impeachment proceeding against Judge Walker in the U.S. House of Representatives.
While 6.8 million Californians voted for the Prop 8 gay marriage ban in 2008, more than 6.2 million voted against Prop 8. Moreover, the issue before Judge Walker, who was nominated to the bench by Republican President George H.W. Bush, was whether Prop 8 violated the U.S. Constitution, specifically, the 14th Amendment's guarantees against deprivation "of life, liberty, or property, without due process of law" and of "equal protection of the laws." As Judge Walker pointed out in his ruling, these Constitutional protections for minorities of all types are not subject to the whims of a majority of voters.
Article II, Section 4 of the Constitution provides for the impeachment of "civil officers of the United States" (including federal judges) for "treason, bribery, or other high crimes and misdemeanors." Only a handful of federal judges have been impeached in the history of the U.S., often for offenses such as bribery or perjury. Mere political or philosophical differences with judges or their rulings, which often polarize voters in controversial federal cases, generally are not considered to be grounds for impeachment.
© 2010 Matthew Emmer -- All Rights Reserved
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Comments
One can hope that all will realize that religion has no place in government law. Our laws should be based on ETHICS not MORALITY, as morality is based on one's personal beliefs that include religion.
Be it may that if gay and lesbians are denied rights I hope that those who voted for prop 8 get a taste of their own medicine. One that would bring about laws where even the simplest of basic rights are put up for voter auction (to the highest bidder) and those more conservative then they are forced to live a life with less freedom. If religion rules this country then we must vote on the religion that will rule and follow all of even the most conservative views from that belief.
In this case, wouldn't being straight also be a conflict of interest?
So if its true Judge Walker is gay, then only a heterosexual could have been fair and impartial?? Under that reasoning no female judge could hear a sexual harassment case, no African-American could hear a race discrimination case. There is simply no logic in this argument.
Same sex marriage will strengthen opposite sex marriages. Why! Gay and lesbians will not be forced into the ill conceived heterosexual marriages as dictated by society currently thus less heterosexual divorces.
This term marriage is incorrect as all marriages have been legal unions and the marriage that you all keep referring to is a religious union and have nothing to do with the state. The legal union has to do with legal issues that couples are faced with when they decided to become a single entity.
Therefore it matters not rather its opposite or same gender unions.
People, stop always playing the hate card and start practicing God's love.
God placed us all on this earth to learn to get along. Stop disappointing God with all your hate. And this goes for all of you at FOX News also.
Fox News, you all have done more to divide this country and this world against each other than the devil has ever done.
My The Blessings Be
Terry W. Schneider
@Jay You couldn't BE more right!!! Just another sad attempt by this loathsome organization!
The conservative groups got exactly what they want with Judge Walker's decision.....a rational, strict application of the Federal Constitution EXACTLY AS IT WAS WRITTEN ! The fact that they wanted him to depart from his oath is shameful bigotry.
If he honestly is gay, that explains a lot! I didn't know that. If he is gay, and he didn't recuse himself, he deserves to be impeached.
you are witnessing the dying gasp of the Christian Right who correctly sense that Walker's decision likely will be upheld on appeal.
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