Um. right. There's no judge anywhere fit to rule on Prop 8 if a gay judge can't. Surely a straight judge can't either as the pro 8 argument claims that heterosexuals will be harmed if gays marry.
http://www.slate.com/id/2296862/
and
http://latimesblogs.latimes.com/lanow/2011/06/judge-says-no-evidence-gay-judge-proposition-8-case-wished-to-marry-his-partner.html?lanow
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