Judge in Prop 8 Trial Is Gay

Turns out 9th District Court of Appeals Judge Vaughn Walker, who is currently considering testimony in the closely watched marriage-rights case regarding the constitutionality of California's Proposition 8, is himself gay.

Not that there's anything wrong with that!

Now, this doesn't come as a surprise to many who closely follow gay-rights issues or the federal courts. State Senator Mark Leno told the Chronicle that it seemed curious it "was never discussed."

Asked if he had any problem with the issue of his sexuality being raised so publicly, Walker responded "No comment."

While it might seem like an advantage to Prop 8 proponents, Walker's sexuality doesn't provide easy grounds for an appeal should he strike down the ban on same-sex marriage.

"Every judge has a race," said David Levine, a professor at the University of California's Hastings School of Law. "Does that mean when there's a case involving racial discrimination, no judge can decide a case involving race because they have a race? No."