Judge appears skeptical about throwing out Prop. 8 ruling because of jurist's sexuality
Can a gay judge rule on same-sex marriage?
Legal scholars and judges have debated for decades where to draw the line when it comes to potential personal conflicts of jurists, whether over race, gender or religion.
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I would not have wanted to be the lawyer arguing to a black judge that it is OK for an African-American to rule on racial issues but it is not OK for an gay judge to rule on the constitutionality of a law banning same sex marriage.