SAN FRANCISCO (CBS/AP) — A federal judge has upheld a gay judge’s ruling to strike down California’s same-sex marriage ban.

Chief U.S. District Judge James Ware said Tuesday that former Chief Judge Vaughn Walker did not have to divulge whether he wanted to marry his own gay partner before he declared last year that voter-approved Proposition 8 was unconstitutional.

KNX 1070’s Charles Feldman Reports

According to CBS legal analyst Andrew Cohen, the ruling is not a surprise.

“I don’t think it surprises anyone involved in the case or anyone who has been covering it,” he said. “The important thing to remember is that the appeal is still valid.”

Lawyers for backers of the ban argued at a hearing Monday that Walker should have recused himself or disclosed his relationship because he and his partner stood to personally benefit from the verdict.

Lawyers for two gay couples who sued to overturn Prop 8 called the effort to disqualify Walker frivolous, offensive and unfortunate.

Walker publicly revealed after he retired in February that he is in a 10-year relationship with a man.


(TM and © Copyright 2011 CBS Local Media, a division of CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2010 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

Comments (5)
  1. Just me says:

    Is anyone else confused by this? LOL Uphold a ruling to strike down a ban?

  2. Karen says:

    This is only one hearing of many. This particular hearing was brought by Prop 8 attorneys who argued that Judge Walker, the idiot who declared Prop 8 unconstitutional, should have recused himself from even hearing the case because Judge Walker is gay.

    Judge Walker retired in February and now Judge Ware is the Chief Judge in the US District Court for No Cal.

    There are more Prop 8 hearings at the CA Supreme Court and the 9th Circuit Court of Appeals – starting in September.

    EVERYONE says it won’t stop there. They say it’s headed for the US Supreme Court.

    AND PS – Gay marriages CAN NOT be performed in CA until these other hearings, if at all.

    1. Saber 1 says:

      The higher courts will do the right thing by up holding Prop 8. Smoke your poles and munch your carpet in private, we the normal people don’t want to see anything to do with the alternate lifestyle.

  3. Karen says:

    CBS should get a better legal analyst than Andrew Cohen. Sometimes his comments just make my eyes roll. Sometimes he is correct with the ruling but his explanation of how the judges got there is DEFINITELY LACKING.

    CBS needs a better analyst.

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