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 This material may not be published, broadcast, rewritten or redistributed.)

Comments (8)
  1. J Boy says:

    Thats dumb…The opposite holds true for a straight judge.


    1. mattwoods44 says:

      Most if not all gays would vote in favor of over turning 8, the straight population is split so being gay does prejudice this judge.

      1. J Boy says:

        You’re right but the same tactic can be used by gays sighting the same grounds and they would be well within their rights.

        To site sexual orientation as a reason to not pass judgment on a case involving sexual orientation would only work if they could find a truly androgynous judge.

        This truly is a messy situation no matter your side.

        This is going to go round and round forever and is a disservice to both gays and straights.

        I just wish some common ground could be found.

    2. Saber 1 says:

      The judge is a pole smoker, get a normal judge in there. Pole smoking or carpet munching is not normal, only if your straight.

  2. not gay but supportive says:

    So, straight judges need to be removed too. This is so pathetic… why does it matter to some people, who other people are with if it makes them happy? Not allowing gay marriage is not going to stop gay people from being gay. Let them be.

  3. Sistagirl Young says:

    What a marvelous use of reverse psychology.

  4. Karen says:

    Being gay IS NOT the same thing as being black which is why this judge should have recused himself. He benefitted from the decision and judges MUST recuse themselves in that situation.

    Not to mention, the plaintiffs’ attorneys need to explain why they filed this case in federal court BEFORE the state supreme court had issued its decision. There is only one reason.

    The plaintiffs’ attorneys knew that Judge Walker would be assigned this case on that day so they filed in anticpation of losing with the state supreme court and to ensure that their case was assigned to a gay judge – Judge Walker.

    Why not wait to file until AFTER the state supreme court issued its decision? There is only one reason. They were airming for this Judge because he’s gay and would sympathize.

    I am so over this farce of a charade put on by the gay people.

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