Gay judge's same-sex marriage ruling upheld

[cali]

By LISA LEFF Associated Press © 2011 The Associated Press
June 14, 2011, 5:07PM

SAN FRANCISCO — A federal judge on Tuesday upheld a gay judge's ruling that struck down California's same-sex marriage ban, saying his fellow jurist was under no obligation to disqualify himself simply because he was in a long-term relationship with another man.

In a 19-page decision responding to the first attempt in the nation to disqualify a judge because of his sexual orientation, Chief U.S. District Judge James Ware said former Chief Judge Vaughn Walker had no obligation to divulge whether he wanted to marry his same-sex partner before he declared last year that voter-approved Proposition 8 was unconstitutional.

"The presumption that Judge Walker, by virtue of being in a same-sex relationship, had a desire to be married that rendered him incapable of making an impartial decision, is as warrantless as the presumption that a female judge is incapable of being impartial in a case in which women seek legal relief," Ware wrote.

The ruling does not settle the legal fight over Proposition 8.

The 9th U.S. Circuit Court of Appeals is considering whether Walker properly concluded that denying gays and lesbians the right to marry violates their rights to due process and equal protection.

Read more: http://www.chron.com/disp/story.mpl/ap/top/all/7610589.html#ixzz1PI8CeC5J

[NV Whino]

1. Yay!

One point in our favor anyway.