Anyone hoping that the questions will reveal some indication as to how Judge Walker will rule will be disappointed. He has addressed tough questions to both sides of the argument. What they do reveal is that Judge Walker is keenly aware that the issue will not be resolved with finality in his courtroom, and the questions give both sides the opportunity to hone their arguments for appeal.
What empirical data, if any, supports a finding that legal recognition of same-sex marriage reduces discrimination against gays and lesbians?
If the evidence of the involvement of the LDS and Roman Catholic churches and evangelical ministers supports a finding that Proposition 8 was an attempt to enforce private morality, what is the import of that finding?
The court has reserved ruling on plaintiffs'motion to exclude Mr Blankenhorn’s testimony. If the motion is granted, is there any other evidence to support a finding that Proposition 8 advances a legitimate governmental interest?
The breadth and scope of the questions seem to indicate that Judge Walker is considering a ruling with sweeping ramifications, although it is certain to be appealed. Walker, who was appointed to the bench by President George HW Bush, has been viewed as a largely conservative judge. As an attorney, he represented the US Olympic Committee in its successful bid to ban San Francisco from using the term ''olympics'' when the city held a ''Gay Olympics''. The San Francisco Chronicle outed Judge Walker shortly after the last witness in the Prop 8 case was called, claiming that it’s an ''open secret'' that he is himself gay, although they provided nothing to substantiate the claim other than rumor and speculation, and Walker has not commented on it one way or the other.
