DOMA & Prop 8 Topic

Posted by bad_luck on 6/26/2013 10:08:00 AM (view original):
Posted by burnsy483 on 6/26/2013 10:05:00 AM (view original):
Gay judge in a law-term same sex relationship who possibly wants to be married has a chance to make a decision on whether he's legally allowed to get married.

Yes, there's a possible conflict of interest.
That same conflict wouldn't exist for straight judge ruling for prop 8?
I get what you're saying.  But Prop 8 doesn't affect the straight judge on a personal level as much as the gay judge.  The gay judge who wants to be married will have a much harder time ruling on Prop 8 fairly.
6/26/2013 10:10 AM
Posted by burnsy483 on 6/26/2013 10:10:00 AM (view original):
Posted by bad_luck on 6/26/2013 10:08:00 AM (view original):
Posted by burnsy483 on 6/26/2013 10:05:00 AM (view original):
Gay judge in a law-term same sex relationship who possibly wants to be married has a chance to make a decision on whether he's legally allowed to get married.

Yes, there's a possible conflict of interest.
That same conflict wouldn't exist for straight judge ruling for prop 8?
I get what you're saying.  But Prop 8 doesn't affect the straight judge on a personal level as much as the gay judge.  The gay judge who wants to be married will have a much harder time ruling on Prop 8 fairly.
"As much" or at all?
6/26/2013 10:11 AM
In BL's fantasy world, personal situations do not affect one's ability to make judgements.

That's why murder victim's families are allowed to be on the jury in the murder charge of the accused.
6/26/2013 10:12 AM
5-4 ruling.  Closer than I thought it would be.  But shows that there's a debate to be had and not necessarily an obvious answer.
6/26/2013 10:14 AM
Posted by bad_luck on 6/26/2013 10:11:00 AM (view original):
Posted by burnsy483 on 6/26/2013 10:10:00 AM (view original):
Posted by bad_luck on 6/26/2013 10:08:00 AM (view original):
Posted by burnsy483 on 6/26/2013 10:05:00 AM (view original):
Gay judge in a law-term same sex relationship who possibly wants to be married has a chance to make a decision on whether he's legally allowed to get married.

Yes, there's a possible conflict of interest.
That same conflict wouldn't exist for straight judge ruling for prop 8?
I get what you're saying.  But Prop 8 doesn't affect the straight judge on a personal level as much as the gay judge.  The gay judge who wants to be married will have a much harder time ruling on Prop 8 fairly.
"As much" or at all?
As much.  Any ruling when it comes to a social issue will probably affect the judge in a personal way.  I'm not gay, and I'd have to put aside my personal beliefs in making a decision if I were a judge.  
6/26/2013 10:16 AM
Posted by bad_luck on 6/26/2013 10:11:00 AM (view original):
Posted by burnsy483 on 6/26/2013 10:10:00 AM (view original):
Posted by bad_luck on 6/26/2013 10:08:00 AM (view original):
Posted by burnsy483 on 6/26/2013 10:05:00 AM (view original):
Gay judge in a law-term same sex relationship who possibly wants to be married has a chance to make a decision on whether he's legally allowed to get married.

Yes, there's a possible conflict of interest.
That same conflict wouldn't exist for straight judge ruling for prop 8?
I get what you're saying.  But Prop 8 doesn't affect the straight judge on a personal level as much as the gay judge.  The gay judge who wants to be married will have a much harder time ruling on Prop 8 fairly.
"As much" or at all?
Do you understand the meaning of the term "appearance of a conflict of interest"?
6/26/2013 10:18 AM
Posted by tecwrg on 6/26/2013 10:18:00 AM (view original):
Posted by bad_luck on 6/26/2013 10:11:00 AM (view original):
Posted by burnsy483 on 6/26/2013 10:10:00 AM (view original):
Posted by bad_luck on 6/26/2013 10:08:00 AM (view original):
Posted by burnsy483 on 6/26/2013 10:05:00 AM (view original):
Gay judge in a law-term same sex relationship who possibly wants to be married has a chance to make a decision on whether he's legally allowed to get married.

Yes, there's a possible conflict of interest.
That same conflict wouldn't exist for straight judge ruling for prop 8?
I get what you're saying.  But Prop 8 doesn't affect the straight judge on a personal level as much as the gay judge.  The gay judge who wants to be married will have a much harder time ruling on Prop 8 fairly.
"As much" or at all?
Do you understand the meaning of the term "appearance of a conflict of interest"?
I understand that your throwing "appearance" in to hedge. Do you think there's an "actual" conflict of interest?
6/26/2013 10:23 AM
Posted by burnsy483 on 6/26/2013 10:16:00 AM (view original):
Posted by bad_luck on 6/26/2013 10:11:00 AM (view original):
Posted by burnsy483 on 6/26/2013 10:10:00 AM (view original):
Posted by bad_luck on 6/26/2013 10:08:00 AM (view original):
Posted by burnsy483 on 6/26/2013 10:05:00 AM (view original):
Gay judge in a law-term same sex relationship who possibly wants to be married has a chance to make a decision on whether he's legally allowed to get married.

Yes, there's a possible conflict of interest.
That same conflict wouldn't exist for straight judge ruling for prop 8?
I get what you're saying.  But Prop 8 doesn't affect the straight judge on a personal level as much as the gay judge.  The gay judge who wants to be married will have a much harder time ruling on Prop 8 fairly.
"As much" or at all?
As much.  Any ruling when it comes to a social issue will probably affect the judge in a personal way.  I'm not gay, and I'd have to put aside my personal beliefs in making a decision if I were a judge.  
And you don't think Walker did that?
6/26/2013 10:24 AM
Looks like the Supreme Court is saying that there is a heightened level of scrutiny that needs to be applied to gay marriage bans, beyond rational basis.
6/26/2013 10:25 AM
Prop 8 gone on standing.
6/26/2013 10:28 AM
Posted by bad_luck on 6/26/2013 10:08:00 AM (view original):
Posted by burnsy483 on 6/26/2013 10:05:00 AM (view original):
Gay judge in a law-term same sex relationship who possibly wants to be married has a chance to make a decision on whether he's legally allowed to get married.

Yes, there's a possible conflict of interest.
That same conflict wouldn't exist for straight judge ruling for prop 8?
No.  There are plenty of straight people who would have been open to SSM who would have been able to rule strictly on the merits of the case without any personal interest in the outcome.  I assume some of them are judges in the State of California.
6/26/2013 10:29 AM
Posted by tecwrg on 6/26/2013 10:29:00 AM (view original):
Posted by bad_luck on 6/26/2013 10:08:00 AM (view original):
Posted by burnsy483 on 6/26/2013 10:05:00 AM (view original):
Gay judge in a law-term same sex relationship who possibly wants to be married has a chance to make a decision on whether he's legally allowed to get married.

Yes, there's a possible conflict of interest.
That same conflict wouldn't exist for straight judge ruling for prop 8?
No.  There are plenty of straight people who would have been open to SSM who would have been able to rule strictly on the merits of the case without any personal interest in the outcome.  I assume some of them are judges in the State of California.
So you're saying that a gay judge is incapable of ruling based on the merits?
6/26/2013 10:30 AM
Posted by bad_luck on 6/26/2013 10:23:00 AM (view original):
Posted by tecwrg on 6/26/2013 10:18:00 AM (view original):
Posted by bad_luck on 6/26/2013 10:11:00 AM (view original):
Posted by burnsy483 on 6/26/2013 10:10:00 AM (view original):
Posted by bad_luck on 6/26/2013 10:08:00 AM (view original):
Posted by burnsy483 on 6/26/2013 10:05:00 AM (view original):
Gay judge in a law-term same sex relationship who possibly wants to be married has a chance to make a decision on whether he's legally allowed to get married.

Yes, there's a possible conflict of interest.
That same conflict wouldn't exist for straight judge ruling for prop 8?
I get what you're saying.  But Prop 8 doesn't affect the straight judge on a personal level as much as the gay judge.  The gay judge who wants to be married will have a much harder time ruling on Prop 8 fairly.
"As much" or at all?
Do you understand the meaning of the term "appearance of a conflict of interest"?
I understand that your throwing "appearance" in to hedge. Do you think there's an "actual" conflict of interest?
It doesn't matter if there is or isn't.  The appearance alone should put the integrity of the decision on shaky ground.
6/26/2013 10:31 AM
I'm concerned with an actual conflict. Appearances of conflict, not so much.
6/26/2013 10:33 AM
Posted by tecwrg on 6/26/2013 10:31:00 AM (view original):
Posted by bad_luck on 6/26/2013 10:23:00 AM (view original):
Posted by tecwrg on 6/26/2013 10:18:00 AM (view original):
Posted by bad_luck on 6/26/2013 10:11:00 AM (view original):
Posted by burnsy483 on 6/26/2013 10:10:00 AM (view original):
Posted by bad_luck on 6/26/2013 10:08:00 AM (view original):
Posted by burnsy483 on 6/26/2013 10:05:00 AM (view original):
Gay judge in a law-term same sex relationship who possibly wants to be married has a chance to make a decision on whether he's legally allowed to get married.

Yes, there's a possible conflict of interest.
That same conflict wouldn't exist for straight judge ruling for prop 8?
I get what you're saying.  But Prop 8 doesn't affect the straight judge on a personal level as much as the gay judge.  The gay judge who wants to be married will have a much harder time ruling on Prop 8 fairly.
"As much" or at all?
Do you understand the meaning of the term "appearance of a conflict of interest"?
I understand that your throwing "appearance" in to hedge. Do you think there's an "actual" conflict of interest?
It doesn't matter if there is or isn't.  The appearance alone should put the integrity of the decision on shaky ground.
And SCOTUS just put his ruling into effect.
6/26/2013 10:34 AM
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DOMA & Prop 8 Topic

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