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sacbee.com/californiaforum
THE CONVERSATION
A JOURNEY
INTO DARKNESS
Brian Lungrens path
to Napa State Hospital
illustrates the story
of mental illness
in our time. For him
and many others, help
came only after they
harmed someone else
and that is the crime
of the mental health
care system.
Senior editor
DAN MORAIN
dmorain@sacbee.com
The level of transparency the world has now wont support having two identities for a person.
MARK ZUCKERBURG, Facebook founder
our personal and work relationships are all mashed up under the
heading of friends. Thats sometimes an uncomfortable place to
be for my generation; not so much
for my sons and their peers.
Their generation has been influenced by the privacy philosophy
of Mark Zuckerberg, Facebooks
founder. In the book The Facebook Effect, author David Kirkpatrick quotes a 2009 interview
with Zuckerberg that sounds
prescient given last weeks news.
The days of you having a different image for your work friends or
co-workers and for the other people you know are probably coming
to an end pretty quickly, Zuckerberg said.
He told Kirkpatrick that having
two identities for yourself is an
example of a lack of integrity.
The level of transparency the
world has now wont support
having two identities for a person, he said.
At the rate politicians and others have been caught very publicly in a lie, Id say were already
well past a time in which any of us
can cultivate a public face differ-
VIEWPOINTS
COURTNEY A. POWERS
Special to The Bee
Judges should
not have to
open up their
private lives
A tea party supporter sits on the Capitol steps during a Sacramento rally last year, holding a sign
that compares President Obama to Cubas Fidel Castro.
KATHLEEN PARKER
Kathleen Parker
is distributed by
the Washington
Post Writers
Group.
roponents of Proposition 8 a voterapproved amendment to the California Constitution recognizing marriage as a union between a man and a
woman recently asked the U.S. District
Court to vacate Judge Vaughn Walkers decision last year finding Proposition 8 unconstitutional.
The alleged basis of this request is that
Walker failed to reveal publicly, at the outset
of the case, that he was in a 10-year relationship with a man and that he had no plans to
marry, if and when same-sex marriage became legal in California. As a result, Prop. 8
proponents allege Walker had a personal
stake in the case and that the laws of judicial
ethics required him to recuse himself. While
the proponents cloak their argument in the
rhetoric of ethical standards, the central
tenet of their position is anything but ethical.
The proponents motion
will be heard in the U.S. District Court on Monday. If
they are successful, judges
will be forced to navigate a
brave new world where they
swap personal privacy for a Courtney A.
gavel.
Powers, an
Female, childless judges attorney, is
ruling on legal protections director of
against pregnancy discrimi- advocacy
nation would be required to and
proclaim publicly whether government
they intend to one day be- affairs for
come pregnant. Female the
judges considering legal chal- Daughters of
lenges to laws restricting the Charity
right to abortion or contra- Health
ception would have to reveal System. She
whether they plan to have an lives in
abortion or use contracep- Pasadena.
tion. Married judges interpreting community property
laws would need to publicly
declare whether divorce is in
their future.
Requiring judges to reveal the details of
their private lives and opine about their
future would compromise their privacy,
autonomy, dignity and ability to control
their personal relationships with others all
values Americans expect from one another
and their government.
Even assuming that a statement by
Walker disavowing any intent to marry
would have placated Prop. 8 proponents,
the inherently speculative nature of this
kind of statement diminishes its relevance.
There are many factors that can influence
whether and/or when partners agree to
wed, and those factors can change over the
course of a trial. Personal health, illness or
death in the family, financial hardship,
career changes, infidelity and/or changes in
feelings by either partner are all factors that
can affect the future of a relationship at any
time, sometimes unbeknownst to the other
partner. Because Walkers intent to marry
could change at any time, it would be impossible to ascertain how the outcome of the
case might affect him personally.
More importantly, requiring Walker to
make a public statement about the future of
his relationship feels incredibly intrusive.
Maybe he and his partner were unsure of
the future of their relationship. Maybe they
didnt feel comfortable tackling the many
considerations that can factor into a decision to marry. Discussing marriage can
bring new pressure and stress to a relationship. Forcing Walker to have these conversations with his partner under an artificial
time frame, reach a conclusion without
knowing whether marriage would be a legal
option, share that conclusion with the rest
of the world and subject his relationship to
the wrath of public scrutiny is a hefty price
to pay for life tenure.
The fact that Walker was not openly gay
at the outset of the trial at least publicly
compounds the enormity of the burden advocated by proponents. The importance of
personal privacy takes on colossal significance when it comes to a persons decision
to reveal oneself to the world as a lesbian,
gay, bisexual or transgender person. It can
have enormous repercussions on a persons
relationship with their family and colleagues, the progress of their career or, as
the cast of Glee reminds us, their personal
safety.
In its 2008 opinion finding Californias
limitation on marriage to opposite sex couples unconstitutional, the California Supreme Court concluded that sexual orientation is a central and defining part of a persons identity. Whether, and by what process, a person chooses to reveal it is an incredibly personal decision.
Americans have come to expect that the
government will stay out of their most personal and private decisions. This is why our
laws allow families to determine the end of
life treatment for their loved ones and defer
to parents as to how they want to educate
their kids.
Judges should not be excepted from the
liberties they spend their careers protecting.
Requiring them to opine about the future of
their personal lives would render the price
of becoming a judge simply too much to pay.
There is nothing ethical and nothing American about inflicting this unjust requirement
on our keepers of justice.