Anti-gay marriage activists suffered defeat Tuesday when a federal court upheld the ruling striking down California’s ban on gay marriage, Proposition Eight. The activists argued that ban on gay marriage should be reinstated because the initial judge in the case, Judge Vaughn Walker, should have recused himself from overseeing the case. Vaughn Walker, they allege, was biased because of his 10-year relationship with another man.
U.S. District Court Judge James Ware said there is no evidence Judge Walker intended to marry his longtime partner and had no obligation to disclose his relationship. Judge Ware said the case marked the first time he had seen a judge’s same-sex relationship lead to accusations of judicial bias.