Court Rules

Prop 8 Declared Unconstitutional Because It’s Unconstitutional, Not Because Judge Walker Is Gay and Happily Partnered

The sole fact that a federal judge shares the same circumstances or personal characteristics with other members of the general public, and that the judge could be affected by the outcome of a proceeding in the same way that other members of the general public would be affected, is not a basis for either recusal or disqualification… Further, 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. Accordingly, the Motion to Vacate Judgment on the sole ground of Judge Walker’s same-sex relationship is DENIED.

–Judge Ware wrote in his denial to vacate Judge Walker’s Prop 8 decision simply because he is gay and in a long-term same-sex relationship.