Vaughn Walker

Walker was born in Watseka, Illinois, in 1944. He graduated from the University of Michigan with a Bachelor of Arts degree in 1966 and Stanford Law School with a Juris Doctor in 1970.{{cite web|url=https://www.fjc.gov/history/judges/walker-vaughn-r |title=Walker, Vaughn R. | Federal Judicial Center |publisher=Fjc.gov |access-date=2018-03-12}} From 1966 to 1967, he was a Woodrow Wilson Fellow in economics at the University of California, Berkeley.{{cite web|title=The Honorable Vaughn R. Walker|url=http://rockcenter.law.stanford.edu/main-pages/faculty-team/board-of-advisors/|work=Board of Advisors|publisher=Stanford University Rock Center for Corporate Governance|access-date=May 21, 2012}} After clerking for United States District Court for the Central District of California Judge Robert J. Kelleher (1971–72), he practiced in San Francisco at Pillsbury, Madison & Sutro.

Walker was originally nominated to the bench by President Ronald Reagan in 1987. However, this nomination stalled in the Senate Judiciary Committee because of controversy over his representation of the United States Olympic Committee in a lawsuit that prohibited the use of the title "Gay Olympics".{{cite news |url=http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2004/09/01/BAGIL8HGVF1.DTL |title=Walker becomes chief district judge |last=Egelko |first=Bob |date=September 1, 2004 |work=San Francisco Chronicle |access-date=2009-02-04}}{{Citation

| last = Anthony

| first = TJ

| title = Homophobic Judicial Nominee Opposed

| date = January 1988

| periodical = Stonewall Democratic Club, San Francisco Chapter Newsletter

| url = http://www.outhistory.org/wiki/images/e/e9/1988_1_Stonewall_SF.pdf

| access-date = 2012-06-01

}}{{Dead link|date=October 2022 |bot=InternetArchiveBot |fix-attempted=yes }} Two dozen House Democrats, led by Representative Nancy Pelosi of San Francisco, opposed his nomination because of his perceived insensitivity to gays and the poor.{{cite news |url=https://www.sfgate.com/opinion/article/Gay-judge-has-proven-record-of-impartiality-3200496.php|archive-url=https://web.archive.org/web/20100416014944/http://articles.sfgate.com/2010-02-09/opinion/17872020_1_anti-gay-san-francisco-gay-olympic-games|url-status=live|archive-date=April 16, 2010|title=Gay judge has proven record of impartiality |work=The San Francisco Chronicle |format=editorial |date=February 9, 2010 |access-date=February 21, 2010 }}

On September 7, 1989, Walker was re-nominated by President George H. W. Bush to the seat on the United States District Court for the Northern District of California vacated by Judge Spencer M. Williams. He was confirmed by the United States Senate on November 21, 1989, on unanimous consent and received his commission on November 27, 1989.

On September 29, 2010, Walker announced he would retire at the end of 2010 and return to private practice.{{cite news |title=Federal judge who ruled Prop. 8 unconstitutional plans to step down |first=Maura |last=Dolan |newspaper=Los Angeles Times |date=September 29, 2010 |url=http://latimesblogs.latimes.com/lanow/2010/09/federal-judge-who-ruled-proposition-8-was-unconstitutional-announces-he-will-step-down.html |access-date=February 17, 2011}} He retired at the end of February 2011. On April 6, 2011, Walker told reporters that he is gay and has been in a relationship with a male doctor for about ten years.{{cite news|first=Dan|last=Levine|url=https://www.reuters.com/article/us-gaymarriage-judge-idUSTRE7356TA20110406|work=Reuters|title=Gay judge never considered dropping Prop 8 case|access-date=2011-04-06|date=April 6, 2011}} He was the first known gay person to serve as a United States federal judge,{{cite news | url=http://www.metroweekly.com/news/?ak=5094 | title=Breaking Barriers | last=Geidner | first=Chris | date=April 16, 2010 | work=Metro Weekly | access-date=April 7, 2011| quote= DuMont would only be the third known LGBT judge serving in the federal judiciary.... The others are U.S. District Court Judge Deborah Batts, who was nominated for her judgeship in 1994..., and U.S. District Court Judge Vaughn Walker, who sits in San Francisco and was not publicly known to be gay when nominated in 1989.}} though he did not publicly confirm his sexual orientation until after retiring from the federal bench.{{cite news | url=http://www.washingtonblade.com/2011/04/06/federal-judge-who-struck-down-prop-8-comes-out/ | title=Federal judge who struck down Prop 8 comes out: report | last=Johnson | first=Chris | date=April 7, 2011 | work=Washington Blade | access-date=April 7, 2011}}

Since retiring from the bench, Judge Walker has operated a private practice in San Francisco focusing on arbitration and mediation services, Walker Nakamura ADR LLP,{{cite news|url=http://www.mercurynews.com/samesexmarriage/ci_22616312/proposition-8-case-judge-who-struck-down-californias |title=Proposition 8 case: Judge who struck down California's gay marriage ban speaks out - San Jose Mercury News |work=Mercurynews.com |access-date=2013-12-05}} as well as lecturing at Stanford Law School and the University of California, Berkeley, School of Law.{{cite web|title=Honorable Vaughn R. Walker (Ret.) Honored by The Bar Association of San Francisco's Barristers Club at 27th Annual Judges Reception|url=http://www.sfbar.org/newsroom/20110714.aspx|publisher=The Bar Association of San Francisco|access-date=June 15, 2012}}

File:Judge Vaughn Walker official portrait United States District Court by Scott Johnston.jpg

Walker generally believes in a legal approach known as law and economics.{{cite news|url=http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2004/09/14/BAGME8OITV1.DTL&hw=Vaughn+Walker&sn=151&sc=105|title= Aaron Director – profoundly influential law professor |last=Bob Egelko, Chronicle Staff Writer |date=September 14, 2004|access-date=2009-05-16 | work=The San Francisco Chronicle}}

Walker has been called an "unorthodox" and "independent-minded conservative" judge; he has called for policies including the auctioning of lead counsel status in securities class action suits and the legalization of drugs. In a 2003 case, United States v. Gementera, as a condition of supervised release, Walker required a defendant who had pleaded guilty to mail theft to stand in front of a San Francisco post office wearing a sandwich board that read: "I stole mail. This is my punishment."[https://scholar.google.com/scholar_case?case=7796848793283260456&q=gementera&hl=en&as_sdt=40000002 U.S. v. Gementera], 379 F.3d 496 (9th Cir. 2004). The condition was upheld on appeal.

A San Francisco Chronicle columnist and reporter wrote in a commentary that Walker has an "aversion to harsh sentences for well-educated, well-heeled criminals and, in particular, perpetrators of securities fraud."{{cite news|url=http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2001/05/13/IN144265.DTL&hw=Vaughn+Walker&sn=257&sc=145|last=Holding|first=Reynolds |date=May 13, 2001|access-date=2009-05-16 | title=White-collar crooks' suite-heart deals | work=The San Francisco Chronicle}}

The New York Times at the time of his initial Reagan nomination stated he was active in Republican politics;{{cite news |url=https://www.nytimes.com/1988/01/14/us/battle-looming-over-a-nominee-for-us-court.html |title=Battle Looming Over a Nominee For U.S. Court|work=The New York Times |access-date=2010-08-06|date= January 14, 1988|author= Philip Shenon|quote=Mr. Walker, a 43-year-old partner at the law firm of Pillsbury, Madison & Sutro who has been active in Republican politics...}} Wired magazine describes Walker as having libertarian leanings.{{cite news|url=https://www.wired.com/science/discoveries/news/2006/11/72144|title=NSA Case Becomes Lawyer Junket |publisher=Wired |author=Ryan Singel |date=November 17, 2006|access-date=2010-02-24}}

File:Vaughn Walker adj.jpg]]

Walker has presided over such notable cases as lawsuits over NSA warrantless surveillance;

{{cite news|url= https://www.nytimes.com/2010/04/01/us/01nsa.html?hp=&pagewanted=print|title= Federal Judge Finds N.S.A. Wiretaps Were Illegal|work=New York Times| date= March 31, 2010|author= Charlie Savage, James Risen|access-date= 2010-04-26|quote=A federal judge ruled Wednesday that the National Security Agency’s program of surveillance without warrants was illegal, rejecting the Obama administration’s effort to keep shrouded in secrecy one of the most disputed counterterrorism policies of former President George W. Bush.}} the Apple Computer, Inc. v. Microsoft Corporation copyright infringement case;{{cite news|newspaper= San Francisco Examiner|url= http://www.sfgate.com/cgi-bin/article.cgi?f=/e/a/1995/02/21/BUSINESS10578.dtl&hw=Vaughn+Walker&sn=637&sc=107|title= High Court rejects final Apple appeal|author= Examiner Staff and Wire Reports|access-date= 2010-02-25|date= February 21, 1995}} the breach of TD Ameritrade's customer information database{{cite news |url=http://www.washingtonpost.com/wp-dyn/content/article/2010/11/16/AR2010111603343_pf.html |archive-url=https://www.webcitation.org/5uJkOAKT6?url=http://www.washingtonpost.com/wp-dyn/content/article/2010/11/16/AR2010111603343_pf.html |archive-date=November 17, 2010 |access-date=June 3, 2021 |title=New Settlement Offered in TD Ameritrade data theft |last=Funk |first=josh | newspaper=The Washington Post |url-status=dead |date=November 16, 2010}} Clint Reilly's antitrust litigation over the Hearst Corporation's purchase of the San Francisco Chronicle;{{cite news|url=http://www.sfgate.com/news/article/Justice-clears-Chron-sale-to-Hearst-3067250.php |title=Justice clears Chron sale to Hearst |publisher=SFGate |date=2000-03-30 |access-date=2013-12-05}} and Oracle's merger/hostile takeover of PeopleSoft, which was approved despite Justice Department opposition.{{cite news| url=http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2004/09/10/MNGTQ8MS7I1.DTL&hw=Vaughn+Walker&sn=153&sc=345 | title=Oracle wins antitrust suit in bid for rival / Ruling lifts major obstacle to takeover of PeopleSoft | first=Benjamin | last=Pimentel | date=September 10, 2004 | work=The San Francisco Chronicle}}

On January 11, 2010, Walker began hearing arguments in Perry v. Brown. The case was a federal-constitutional challenge to California Proposition 8, a voter initiative constitutional amendment that eliminated the right of same-sex couples to marry, a right which had previously been granted after the California Supreme Court found that Proposition 22 was unconstitutional.{{cite web |url=http://www.csmonitor.com/USA/Justice/2010/0111/Gay-marriage-trial-begins-with-tough-questions-for-both-sides |title= Gay marriage trial begins with tough questions for both sides|author= Michael B. Farrell|date= January 11, 2010|access-date= 2010-02-07|work= Christian Science Monitor}} On August 4, 2010, Walker ruled that Proposition 8 was unconstitutional "under both the Due Process and Equal Protection Clauses" and prohibited its enforcement.{{cite web|url= https://ecf.cand.uscourts.gov/cand/09cv2292/files/09cv2292-ORDER.pdf|title= Opinion and Order|author= Vaughn R. Walker|date= August 4, 2010|access-date= 2010-08-04|work= PACER|archive-url= https://web.archive.org/web/20130316191210/https://ecf.cand.uscourts.gov/cand/09cv2292/files/09cv2292-ORDER.pdf|archive-date= March 16, 2013|url-status= dead|df= mdy-all}}{{cite web |last=Dwyer |first=Devin |title=Unconstitutional: Federal Court Overturns Proposition 8, Gay Marriage Ban in California |date=August 4, 2010 |publisher=ABC News |url=https://abcnews.go.com/Politics/california-gay-marriage-ruling-due-appeal-expected/story?id=11322255 |access-date=June 3, 2021}}

On April 25, 2011, supporters of Proposition 8 filed a motion in district court to vacate Walker's decision, citing Walker's own post-trial statement that he has been in a long-term relationship with another man. They argued he should have recused himself or disclosed his relationship status, and unless Walker "disavowed any interest in marrying his partner", he had "a direct personal interest in the outcome of the case."New York Times: [https://www.nytimes.com/aponline/2011/04/25/us/AP-US-Gay-Marriage-Trial.html "Judge's Partner Cited in Prop 8 Case," April 25, 2011]. Retrieved April 25, 2011The San Francisco Chronicle reported that Walker's homosexuality was "the biggest open secret in the landmark trial over same-sex marriage." Those interviewed for the article said Walker had "never taken pains to disguise—or advertise—his [sexual] orientation" and they thought it would not influence his decision in the case.{{cite news |url=https://www.sfgate.com/cgi-bin/article.cgi?f=/2010-02-07/bay-area/17848482_1_same-sex-marriage-sexual-orientation-judge-walker |title=Judge being gay a nonissue during Prop. 8 trial |work=San Francisco Chronicle|access-date=2011-02-08|date= February 7, 2010|author=Phillip Matier and Andrew Ross}} District Court Judge James Ware heard arguments on the motion on June 13 and denied it the next day, writing that "the presumption that Judge Walker, by virtue of being in a same-sex relationship, had a desire to be married that rendered him incapable of making an impartial decision, is as warrantless as the presumption that a female judge is incapable of being impartial in a case in which women seek legal relief."MetroWeekly: [http://metroweekly.com/poliglot/2011/06/motion-to-vacate-prop-8-decisi.html Chris Geidner, "Motion to Vacate Prop 8 Decision Is Denied," June 14, 2011] {{Webarchive|url=https://web.archive.org/web/20110618052737/http://metroweekly.com/poliglot/2011/06/motion-to-vacate-prop-8-decisi.html |date=June 18, 2011 }}. Retrieved June 14, 2011{{cite news|title=Wall Street Journal|url=https://www.wsj.com/articles/SB10001424052702303714704576385950912922630 |archive-date=2011-06-17|archive-url=https://web.archive.org/web/20110617031405/http://online.wsj.com/article/SB10001424052702303714704576385950912922630.html?mod=googlenews_wsj}} Legal experts noted that similar efforts to remove Hispanic judges from immigration cases or female judges from gender-discrimination cases have also failed in the past.{{cite web |url= http://www.csmonitor.com/USA/Justice/2011/0614/Prop.-8-ruling-gay-judge-didn-t-need-to-recuse-himself |title=Prop. 8 ruling: gay judge didn't need to recuse himself|first= Daniel B.|last= Wood|work=csmonitor.com |date= June 14, 2011|access-date=June 21, 2011}}

The Supreme Court of the United States's 2013 decision in Hollingsworth v. Perry left Walker's 2010 ruling as the final decision on Proposition 8.{{cite news|url=http://nbcpolitics.nbcnews.com/_news/2013/06/26/19155307-prop-8-ruling-explained-why-gay-marriage-will-resume-in-california?lite |title=Prop 8 ruling explained: Why gay marriage will resume in California. NBC June 26, 2013 |publisher=Nbcpolitics.nbcnews.com |date=2013-06-26 |access-date=2013-12-05}}{{cite news|last=Savage |first=David G. |url=https://www.latimes.com/news/politics/la-pn-prop-8-supreme-court-ruling-20130626,0,5931694.story |title=Prop. 8: Supreme Court clears way for gay marriage in California. LA Times June 26, 2013 Politics Now |work=Los Angeles Times |date=2013-06-26 |access-date=2013-12-05}}{{cite web|last=Schwartz |first=John |url=https://www.nytimes.com/interactive/2013/06/26/us/annotated-supreme-court-decision-on-proposition-8.html |title=Between the Lines of the Proposition 8 Opinion. NY Times June 26 2013 |location=California |work=The New York Times |date=2013-06-26 |access-date=2018-03-12}}

The proceedings were reenacted in the stage play 8, in which Walker was portrayed by Brad Pitt and Bob Balaban.

• List of LGBT jurists in the United States

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• {{FJC Bio|nid=1389286}}
• https://wnadr.com Judge Walker's firm, Walker Nakamura ADR LLP.

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{{s-legal}}

{{S-bef|before=Spencer Mortimer Williams}}

{{s-ttl|title={{nowrap|Judge of the United States District Court for the Northern District of California}}|years=1989–2011}}

{{s-aft|after=Yvonne Gonzalez Rogers}}

{{s-bef|before=Marilyn Hall Patel}}

{{s-ttl|title={{nowrap|Chief Judge of the United States District Court for the Northern District of California}}|years=2004–2010}}

{{s-aft|after=James Ware}}

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{{DEFAULTSORT:Walker, Vaughn Richard}}

Category:1944 births

Category:Living people

Category:20th-century American judges

Category:21st-century American judges

Category:Judges of the United States District Court for the Northern District of California

Category:Lawyers from San Francisco

Category:American LGBTQ lawyers

Category:LGBTQ appointed officials in the United States

Category:LGBTQ people from California

Category:LGBTQ people from Illinois

Category:People from the San Francisco Bay Area

Category:People from Watseka, Illinois

Category:Stanford Law School alumni

Category:United States district court judges appointed by George H. W. Bush

Category:University of Michigan alumni

Category:LGBTQ judges

Category:20th-century American LGBTQ people

Category:21st-century American LGBTQ people