Federal Judge Rejects Bid to Dismiss Prop 8 Ruling

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Ware. Photo: latimes.com

Marriage-equality foes in California lost a bid to reject retired judge Vaughn Walker's ruling to overturn California's Proposition 8 today. They argued that since Walker was himself gay and in a long-term, committed relationship, he should have recused himself from a trial whose outcome might directly affect his life. But Judge James Ware of the U.S. District Court in San Francisco ruled today that "It is not reasonable to presume that a judge is incapable of making an impartial decision about the constitutionality of a law, solely because, as a citizen, the judge could be affected by the proceedings." The overturn of Proposition 8 still stands, although it has been stayed pending appeal to the U.S. 9th Circuit Court of Appeals.

Gay jurist in Proposition 8 case had no legal obligation to remove himself, judge rules [LAT]