Professor Joslin Comments on Prop. 8 Decision for Bee, SF Weekly
Professor Courtney Joslin commented on Chief U.S. District Judge Vaughn Walker's ruling that struck down California's Proposition 8 for media including the Sacramento Bee, SF Weekly, The Daily Californian, and Pacifica Radio. Speaking to SF Weekly, Professor Joslin called the ruling "a very strong and sweeping victory" for advocates of same-sex marriage.
Professor Joslin told the Sacramento Bee that the ruling was important in part because Judge Walker wrote that gays and lesbians as a group have faced discrimination and merit protection similar to that provided to individuals on the basis of gender, race, and national origin. "This is an argument that lesbians and gay activists have argued for decades," she said.
In a separate article in the Sacramento Bee, Professor Joslin responded to criticism from Prop. 8 proponents who said that Judge Walker, who is reported to be gay, ought to have recused himself from the case. Professor Joslin said that Judge Walker's ruling reflected the legal determination of a seasoned jurist and was not the result of bias. "A judge's duty is to consider the evidence and rule impartially," Professor Joslin said. "Judge Walker's ruling is extremely careful and meticulous."
Professor Joslin also examined Judge Walker's ruling in "Prop. 8 ‘defense' made ruling inevitable," an op-ed published in the August 8 Sacramento Bee. Citing the likelihood of a protracted legal battle over same-sex marriage that may wind up in the U.S. Supreme Court, Professor Joslin wrote that "No matter what happens to Proposition 8, Walker's meticulous blueprint will remain groundbreaking and will likely be looked upon with interest by other courts dealing with this and other lesbian and gay rights issues in the future."
Professor Joslin is a scholar in the field of family and relationship recognition, with a particular focus on same-sex and non-marital couples.