Gay Calif. judge's Prop 8 ruling upheld

June 14, 2011 at 5:39 PM

SAN FRANCISCO, June 14 (UPI) -- A federal judge in San Francisco upheld a controversial ruling by a fellow judge overturning California's ban on same-sex marriages.

Chief U.S. District Judge James Ware said there were no grounds to overturn the ruling by his predecessor, Judge Vaughn Walker, just because Walker himself turned out to be a homosexual in a long-term relationship.

Sponsors of Proposition 8, which restricted legal marriage to heterosexual couples in 2008, had challenged Walker's ruling that Prop 8 was unconstitutional. They argued Walker should have recused himself -- withdrawn -- from the case because of his sexual orientation, the San Francisco Chronicle said.

But Ware said in his written ruling that there was no evidence Walker let his homosexuality influence his ruling and that the contention was "as warrantless as the presumption that a female judge is incapable of being impartial in a case in which women seek legal relief."

"To presume that Judge Walker was incapable of being impartial, without concrete evidence to support that presumption, is inconsistent with what is required under a reasonableness standard," Ware wrote.

Like Us on Facebook for more stories from UPI.com  
Latest Headlines
Top Stories
Maine man dead after shooting firework off head, police say
Greeks vote overwhelmingly to reject creditors' bailout
Russian resupply spacecraft docks onto ISS to deliver needed provisions
Third disturbance in four days erupts at Arizona prison
Islamic State stronghold of Raqqa targeted heavily in airstrikes