Judge’s Ruling To Strike Down Same-Sex Marriage Ban Upheld

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 This material may not be published, broadcast, rewritten, or redistributed.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.)


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