Straight Shooting Judges

The next complaint anti-gay litigants have with respect to the Prop. 8 litigation is that presiding District Judge Vaughn Walker, as a gay man in a long-term relationship, should have recused himself from the proceedings (via). Aside from the strangely apparent concession that Walker does suffer an inequality from the current regime, I find this a little hard to parse. It's just another reprise of the old claims that Black judges shouldn't hear discrimination cases -- and Judge Higginbotham's opinion on that question remains the alpha and omega for me.