Gay Judge Was Under No Obligtation to Disqualify Himself in Prop 8 Decision in California

from the Huffington Post. June 14, 2011:
” SAN FRANCISCO — A federal judge on Tuesday upheld a gay judge’s ruling that struck down California’s same-sex marriage ban, saying his fellow jurist was under no obligation to disqualify himself simply because he was in a long-term relationship with another man.

‘In a 19-page decision responding to the first attempt in the nation to disqualify a judge because of his sexual orientation, Chief U.S. District Judge James Ware said former Chief Judge Vaughn Walker had no obligation to divulge whether he wanted to marry his same-sex partner before he declared last year that voter-approved Proposition 8 was unconstitutional.

“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,” Ware wrote.

‘The ruling does not settle the legal fight over Proposition 8.”

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