Bingham

Bingham

R. Marshall Discusses Scrutiny of Prop 8 Case

NPR, June 13, 2011 — Supporters of California’s Proposition 8 are challenging judicial neutrality on the grounds that Vaughn Walker, the judge who oversaw the case, was biased because he is in a same-sex relationship and therefore had a vested interest in striking down the proposition, which eliminates the right of same-sex couples to marry. Partner Ray Marshall, who is a former president of the State Bar of California, has fought for greater diversity in the legal profession as well as on the bench. He believes disqualifying a judge based on sexual orientation would be a step backward that ultimately undermines these changes. Marshall noted that the landmark civil rights case Brown v. Board of Education was decided unanimously by an all-white Supreme Court. “The presumption was that of course nine judges — all white men — will read the Constitution and make the decision fairly,” Marshall said.
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