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Hearing Set For Motion To Disqualify Proposition 8 Judge

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SAN FRANCISCO (AP) — A federal judge has scheduled a hearing on whether a ruling that struck down California’s same-sex marriage ban should be thrown out because its author is in a same-sex relationship.

Chief U.S. District Judge James Ware’s order issued Wednesday said he was fast-tracking the motion involving his retired predecessor, former Chief Judge Vaughn Walker, with a June 13 hearing date.

Lawyers for the sponsors of the voter-approved gay marriage ban have asked Ware to vacate Walker’s decision overturning Proposition 8 as a violation of gay Californian’s civil rights.

Walker disclosed this month that he has a male partner of 10 years, but said he never considered removing himself from the case.

Judicial ethics experts say the bid to overturn the judge’s ruling is unlikely to succeed.

(© Copyright 2011 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)

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