In his opening statement in the trial of Perry v. Schwarzenegger, Charles Cooper, the attorney defending California’s law prohibiting gay people to marry, passionately refuted the notion that the law was based upon bigotry towards homosexuals. Denying any similarity between the motives of those disapproving of gay marriage and those who in the past opposed interracial marriage, Cooper argued that claims “that Proposition 8 is the product of animosity” are “unsupported and they are unsupportable.” On April 25, however, in what is surely one of the most astonishing legal motions in recent history, the pro-Prop 8 crowd showed what this lawsuit is really about: not the importance of marriage or the welfare of children, but good old, mean-spirited bigotry.

In short, the losing side in the Prop 8 case filed a motion to vacate then-Judge Vaughn Walker’s ruling legalizing gay marriage on the grounds that he was a biased adjudicator. Why is he biased? Because “Walker’s 10-year-long same-sex relationship creates the unavoidable impression that he was not the impartial judge the law requires.” Opponents of marriage equality would have us believe that this federal judge’s decision should not stand because he is in a gay relationship, and may decide at some point to take advantage of his newfound right to marry. Does the motion provide any evidence showing that Walker cannot be impartial in issues pertaining to sexuality? No, but who needs evidence? He has a long-term gay partner, after all. Isn’t that enough to prove his decision cannot be taken seriously?

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