A National Public Radio reporter recently mentioned in a report that the judge in California's Proposition 8 case is gay. That prompted NPR ombudsman Alicia C. Shepard to question why that was included in the report -- since Judge Vaughn Walker's sexual orientation wasn't confirmed -- and whether it's even relevant.
Shepard -- in a blog post titled "Judge Walker Is Gay. Are You Sure? Does It Matter?" -- writes:
Saying matter-of-factly that Walker is gay, without his confirmation, violates NPR's policy against publishing or airing rumors, allegations or reports about private lives of anyone unless there is a compelling news reason to do so.
Deciding when there is a compelling news reason to mention someone's sexual orientation is a tough ethical decision.
Shepard then devotes much of her column to the source of the NPR reporter's information about Walker's sexual orientation: mostly previously published reports.
But Shepard asks:
But let's say he is openly gay, so what? Is Walker's sexual orientation relevant to the story about Proposition 8?
No, in my view it clearly is not.
The real issue is the law: Is the voter-approved ban on gay marriages constitutional, and how well-reasoned is the judge's 136-page decision overturning that ban? His sexual orientation has nothing to do with these legal questions.
It only becomes relevant if there is a conflict of interest, and then the news media is obligated to report it.
"If the judge had actively participated in the Prop 8 debate in some fashion -- fundraising for advocates or opponents -- that would be significant," said Bob Steele, an ethicist with the Poynter Institute. "Such activism would likely disqualify him from this case no matter what his sexual orientation."
If the judge confirmed he is gay that might be an interesting factoid. But since we expect judges to be impartial -- even though all judges have some conflict -- then it's wrong to assume Walker or any judge can't be objective on a topic that may have something to do with his personal life.
The "buzz" about Walker's sexuality did become relevant after Prop 8 supporters lost and then said they didn't get a fair shot because the judge is "openly gay."
Even so, Walker's sexual orientation is a side issue. At the most, a new organization could mention briefly that it is being reported without confirmation and move on.
