Thursday, May 5, 2011

Should a Gay Judge Recuse Himself From Ruling on a Challenge to California's Same Sex Marriage Law?

Linda Greenhouse weighs in.

This story touches on civil rights and elections, especially the conflict between majority rule and minority rights that is omnipresent in America's political system. It also addresses a topic we covered in 2302: how impartial is the judiciary and what legitimate means can be adopted to keep it impartial. Will the judge in question be impartial or will his decision be clouded by his personal interests. Perhaps more difficult: How would we know one way or the other?