It comes down to that they don’t have any facts on their side and are grasping at any straws to keep them afloat.

Biases occur in every judge, best they try to avoid it. Disqualification based on demographic is dangerous and generalized. It presumes things to be true that may not be.

There is a reason why laws are given several appeals and chances for review. If a bias happens, the next one will see through it. But if the argument is sound, it stands.

There is so much about this guy’s sexuality and nothing about the argument. Why should this be overturned?

None of the public complaints I’ve seen about the decision point out any fallacies of logic, formal or informal, in the published opinion.

Well, technically that’s not relevant – recusal doesn’t really hinge on the presence of an actual bias, a judge is supposed to recuse themselves whenever not doing so could merely reasonably create the appearance of partiality. Of course it’s still nonsensical to apply that to any fundamental trait like race, gender or sexual orientation, and the complaint is sure to end up going nowhere – and the complainants are actually likely aware of that. But it’s bound to be a windfall for their fund-raising, since it plays so perfectly in their supporters’ “white, straight, male Christian as default” mindset.

The accusation that Judge Vaughn Walker was biased in his decision is equivalent to stating that the decision does not logically follow the facts presented in court. None of the public complaints I’ve seen about the decision point out any fallacies of logic, formal or informal, in the published opinion. The complaint rests on the notion that Walker was inherently biased, but fails to point out how his decision does not follow from the evidence.

Indeed, Judge Walker bent over backwards to try to get the defense to present a better argument. He asked whether they had any evidence and the response was that no evidence is needed. The case for Proposition 8 just falls flat on its face.

The idea that Walker cannot decide fairly in a case about gay marriage is as prejudiced as a number of other conservative/Republican ideas lately. White people who voted for Obama were accused of racism, as were blacks. John McCain counted on sexism when he chose Sarah Palin as his vice presidential running mate. Don’t cha know, all the feminist women are bound to vote for a women running for the president of this great country of ours.

One should also point out to Walker’s accusers that he ruled against the Gay Olympics, forcing them to change the name to Gay Games. If he actually was biased in cases about gay people then I could say “I played hockey in the Gay Olympics” and people would know what I meant.

And oh, yes! Yesterday was the anniversary of Loving v. Virginia, which struck down laws that banned interracial marriage. I suppose the Prop 8 proponents think all the judges who ruled on that one should have recused themselves.

Decisions are reviewed on the merits of the decision