What NOM Chair Maggie Gallagher said about Judge Walker’s sexual orientation

April 26, 2011 at 6:00 am 35 comments

By Adam Bink

This motion to vacate the ruling because of Judge Walker’s sexual orientation really does have my jaw on the floor. As Lambda Legal’s Jon Davidson wrote in a press release, it really is Hail Mary time.

It also has me in nostalgia mode. Last year, Maggie said:

Here we have an openly gay federal judge substituting his views for those of the American people and of our Founding Fathers who I promise you would be shocked by courts that imagine they have the right to put gay marriage in our Constitution.

Here’s Maggie Gallagher talking with Arisha during last year’s bus tour on whether Judge Walker’s sexual orientation is relevant or not:

I wrote at the time in a post titled “NOM Chair Maggie Gallagher’s 5-minute evolution on gay-baiting Judge Walker:

In the first five minutes of this video, she is just all over the place in her response. First she says “first of all, it’s relevant” to “I’m not sure it is relevant” to “it’s not necessarily relevant” to “it could be relevant” to “I don’t believe that it’s totally irrelevant” to finally admitting “I don’t know if it has a bearing or not”. Eventually, she says, “if he upheld Prop 8, I think it’d be even more relevant”- clearly drawing a line between his sexual orientation and his judgment, even if she doesn’t want to admit it.

Yesterday’s news shows people like Maggie and Andy Pugno really are willing to say anything.

Entry filed under: NOM Exposed, Prop 8 trial.

Prop 8 sponsors file motion to vacate Judge Walker’s ruling following disclosure of his sexual orientation More coverage and analysis on Prop 8 sponsors’ motion to vacate ruling

35 Comments Add your own

  • 1. Sagesse  |  April 26, 2011 at 6:10 am

    Just keep digging.

  • 2. DazedWheels  |  April 26, 2011 at 6:22 am

    Checking in and subscribing.

    • 3. Ronnie  |  April 26, 2011 at 6:44 am

      (sighs)…me too…… : / …..Ronnie

      • 4. JonT  |  April 26, 2011 at 8:45 am

        Roger that.

        • 5. Straight for Equality  |  April 26, 2011 at 8:50 am


          • 6. Ann S.  |  April 26, 2011 at 11:14 am

            A big 10-4.

  • 7. AnonyGrl  |  April 26, 2011 at 6:41 am

    Honestly, even Maggie has to know how ridiculous this is… and all she can hope for is to stir up the hard core supporters. The rest of America (including the judicial system) just doesn’t give a damn about it, they KNOW that Walker ruled on the case, not on his personal feelings.

    It would be interesting to track what sort of Hail Mary’s the lawyers for Virginia used while losing the Loving v. Virginia case to see what the paralells are.

  • 8. Joel  |  April 26, 2011 at 7:19 am

    “…substituting his views for those of the Amercan people…”

    So suddenly, I’m not American? Up yours, Maggie!

    • 9. Appreciative P8TT lurker  |  April 26, 2011 at 10:41 am

      I know — that was really offensive!! It should also be noted that at this point, and probably from here on out , “the American people” mostly are in favor of marriage equality.

  • 10. Kathleen  |  April 26, 2011 at 7:22 am

  • 11. Joel  |  April 26, 2011 at 7:45 am

    Not about Maggie, this to Mr. Ejercito:

    “The general rule is that to warrant recusal, a judge’s expression of an opinion about the merits of a case or familiarity with the facts or the parties must have originated in a source outside the case itself. This is referred to in the United States as the “extra-judicial source rule” and was recognized as a general presumption, although not an invariable one, in the 1994 U.S. Supreme Court decision in Liteky v. United States.”

    Can you tell us, Mr. Ejercito, how, exactly, this fits in with your theory that Judge Walker must recuse himself, based solely on his sexual orientation?

    If race alone, or sex alone is not enough for a judge to recuse him or herself, why should sexual orientation be? Judge Walker has been in a committed relationship for years, has shown no indication of wanting to marry in the State of California, and is not even a resident of California; his marriage would be invalid in his home state. Judge Walker thus had no personal gain from his decision, neither did his partner.

    • 12. Sagesse  |  April 26, 2011 at 8:06 am

      Judge Walker is not a resident of California?

    • 13. Joel  |  April 26, 2011 at 8:13 am

      Apparently not, according to information another poster provided. He’s a resident of FL, one of the most bigoted states in the Lower 48 (ironic, nuh?).

      If anyone can verify this, a cookie to you, and some MILK.

    • 14. Kathleen  |  April 26, 2011 at 9:05 am

      I don’t know where that information about Florida is from. AFAIK, he lives in the bay area.

      • 15. Carol  |  April 26, 2011 at 11:43 am

        According to the website of the California State Bar, Walker’s address is in San Francisco.

    • 16. fiona64  |  April 26, 2011 at 9:18 am

      Michael Ejercito is not a lawyer, and his opinions are worth every dime we pay for them.

  • 17. John B.  |  April 26, 2011 at 7:54 am

    What I’d like to know–and this question has been raised repeatedly by others–is whether a judge who belongs to a church (e.g., Catholic or Mormon, or any number of evangelic sects) that is strongly opposed to same-sex marriage should also recuse himself from any such case, or whether his membership in such a church would call into question his impartiality.

    • 18. Don in Texas  |  April 26, 2011 at 8:46 am

      It seems to me that any challenge to a judge’s alleged partiality must include incontrovertible proofof bias. All other factors — sexual orientation, gender, religious beliefs, etc. — are irrelevant.

  • 19. Hank (NYC)  |  April 26, 2011 at 7:55 am

    Well shoe flinger maggie – if you really did your home work – the Founding Fathers probably wouldn’t even recognize when you opened your mouth as women weren’t acknowledged and were 2nd class citizens. So you want to go back to that as well hon?

    The Founding Fathers were also very big on separation of church and state – even going so far as to not be religious at all in some cases.

    As usual – you, NOM and all your self paid bigots and so called experts – need to do some actual research and homework.

    • 20. Carol  |  April 26, 2011 at 11:47 am

      Also, the Founders never heard of the Fourteenth Amendment, and believed that all men are created equal as long as they are white.

      • 21. Ann S.  |  April 26, 2011 at 11:58 am

        And men.

  • 22. Ronnie  |  April 26, 2011 at 8:23 am

    The youth of America are speaking up & are demanding that their voices be heard……

    Kendra sings “Make It Stop (September’s Children)” by Rise Against to show her support for Equality



  • 23. Alan E.  |  April 26, 2011 at 8:38 am

    reading later. Off to the Golden Gate Bridge offices! (btw, there was an interview on NPR today with a Mary Curie that works at the bridge. That’s who I’m coordinating with primarily for my part of the 75th Anniversary)

    • 24. Leslie in Concord CA  |  April 26, 2011 at 10:31 am

      Mary’s name is “Currie” and she knows more about the bridge history than anyone I can think of!

      • 25. Alan E.  |  April 26, 2011 at 10:38 am

        Yeah I was typing it quickly. Sometimes my keyboard will skip a letter if I don’t press hard enough.

  • 26. Ronnie  |  April 26, 2011 at 8:53 am

    Tony Award-winning choreographer & Kennedy Center Honors recipient, Bill T. Jones, is a New Yorker who supports Marriage Equality……<3…Ronnie:

  • 27. Ronnie  |  April 26, 2011 at 9:10 am

    This is the America NOM & Maggie Gallagher is creating…..


    A barn in Morgan County, Ohio was targeted by an arsonist on Sunday. After someone spray painted “fags are freaks” on the side of a fence surrounding a barn, the barn was torched, killing the eight horses inside of it.

    WHIZ News reports:

    Seven adult horses and one foal died as a result of an arson fire at 874 West Richards Road in McConnelsville just after 11:30 p.m. on Sunday. Owner Brent Whitehouse said he woke to discover the barn engulfed in flames and immediately called 911, but it was too late.

    “I couldn’t get the door open I could still hear the horses kicking and I tried as hard as I could to get them out and I just couldn’t get them out in time,” he said.

    Those who know Brent believe this was a hate crime, explicit words relating to his sexuality were spray painted in large white letters on the side of the barn before the fire was started.

    “They obviously don’t know him very well, because he’s a sweet-hearted person and how he lives his lifestyle is nobody’s business but his own,” said Friend Bobbie Nelson.

    More here:

    (me) Looking at the photos of the barn…Homophobic epithets written all over it….nothing alleged about this…This IS a hate crime….How many lives have to be destroyed before our government steps in?….. > / …..Ronnie

    • 28. Trish  |  April 26, 2011 at 9:19 am


    • 29. fiona64  |  April 26, 2011 at 9:20 am

      Two of the three “legs” on the stool of sociopathic personality disorder: animal abuse and fire-setting.

      I don’t think I need to say anything more.

      Poor horses. :-(

    • 30. Straight for Equality  |  April 26, 2011 at 9:53 am

      How terrible! So sad for the horses and their owner. I hope the person who did it spends his life in prison.

    • 31. Bob  |  April 26, 2011 at 10:37 am

      just when you think you’ve heard it all,,,,, this upsets me sooo much,,, poor horses,,,, if they where mine, I’d rather the person would have killed me,,,,, the pain of this loss is too much to bare,,,

      hope every animal rights group takes this story over the top,, and places it on the desk of NOM,, and every Catholic Bishop in the vicinity,,,, and even hand deliver a copy to the pope,,,,

      The Catholic Church needs to re-issue it’s statement, that they do not condone violence of any kind against LGBT people, their pets, or their children….

      And while thely’re at it maybe they could get the Church to make a statement about their support for NOM,,, or are they getting to the place where they might want to distance themselves from this extremist hate group….

      Ronnie’s right , this is the kind of world NOM would lilke to see, they represent the Catholic Church,,,, what kind of world would it like to see…..

      Wow really waay over the top,,, Animal Rights Activistis would make fierce allies,,,,, imagine our pets threatened,,,, I can take a hit, but my dear loving little Tucker,,,, woah!!!!

  • […] if you missed it, Maggie’s prebuttal. Or […]

    • 33. Ed Cortes  |  April 26, 2011 at 9:47 am

      and more mail!! I want to see if my ISP can handle it!

  • 34. AnonyGrl  |  April 26, 2011 at 10:23 am

    The woman who sits in the cubicle next to mine at work just forwarded this to me, it is just another story about Walker, but from a tiny little local paper.


    Her take was “Why on EARTH should it matter if he is gay? He can still be a judge and be impartial.” What I love about this is that this is her take about the whole marriage equality issue in general… whenever I bring it up, she responds “What difference does it make if gays marry? Let them, it is only right. But we have actual important things to worry about, like the economy, and soldiers overseas, and lack of funding for our schools…”

    This is a woman who is heavily Catholic, who probably doesn’t actually know anyone in her circle of friends who is gay, and who most likely never spent any time even thinking about the issue. She is never going to be a strong vocal advocate, but she does know that discrimination is a bad thing, and that people are just people. And she knows that we are going to get marriage equality eventually, one way or the other, and she is fine with that. And it is simply not the most important thing she has to worry about.

    That is what we need. More people who think that differing sexuality is just as meaningless as hair color when it comes to treating people equally. More people who are more concerned about whether you are a good driver around streets where their children play than whether your partner has the same genetalia as you do. More people who realize that gay or straight is no more an issue than whether you like pepperoni or mushrooms on your pizza. More people who know that what mattters is that people are all people, the human race is one big family, and our differences should not divide us.

    So the fact that she sent me this, while perhaps not terribly important to her (she just wanted to make sure I knew about it, since she knew I am interested) makes me happy, as it is a reassurance that there ARE a heck of a lot of people who are NOT prejudiced, who are not so fearful of change that they fall back to bigotry and discrimination, who are not so concerned with maintaining what they think of as their way of life that they insist on punishing anyone who dares to live differently. Who are not so wrapped up in their own status that they think sharing that status with others somehow harms themselves.

    Sometimes, around here, I think we may lose sight of those good folks who simply don’t think that sexuality should be something that divides us, and who have other things they think are more important in this world to worry about. I say hurrah for them! A world full of those folks is a world I want to live in.

  • 35. Rhie  |  April 26, 2011 at 3:21 pm



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