Proposition 8 Suffers Another Blow
Chief U.S. District Judge James Ware said there was no evidence that Vaughn Walker, retired chief judge of the Bay Area Federal District Court, let his status as an openly gay man influence his ruling on the controversial measure, which prohibits gay couples from marrying in California.
After Walker issued an injunction against Proposition 8 last year on grounds that it violated constitutional equal protection, supporters of the initiative waged an appeal, claiming that Walker’s homosexuality prevented him from fairly deciding the case.
Since then, the Ninth Circuit Court of Appeals has upheld Walker’s ruling pending a decision from Ware, who took Walker’s seat after the former retired from the bench early this year.
"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.
There is no indication or evidence that Walker wishes to marry, rendering the supposition of bias on the matter speculative, said Ware (according to San Jose Mercury News).
Walker's sexual orientation has long been public in the Bay Area, but he first admitted to reporters that he's been involved in a 10-year relationship with a man this February.
Neither Proposition 8 supporters nor opponents have commented on Ware’s ruling, and it remains to be seen whether supporters will seek further appeal.
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