A ruling by a gay judge who struck down the Proposition 8 gay marriage ban in California was upheld by a federal judge yesterday.

In upholding former Chief Judge Vaughn Walker's decision to strike down Prop 8, Chief U.S. District Court Judge James Ware rejected arguments that Walker wasn't qualified to hear the case based on his sexual orientation.

ProtectMarriage.com, a Christian group, challenged Walker's 2010 decision on Prop 8 on the basis that he did not disclose -- before or during the trial -- that he was in a longterm relationship with another man.

Lawyers for ProjectMarriage.com argued that Judge Walker should have recused himself, or disclosed that he was gay, because he had a vested interest in protecting the rights of same-sex couples to marry.

But after hearing arguments from both sides in the appeal on Monday, Ware noted that former Judge Walker didn't marry his partner of 10 years, and therefore wouldn't benefit from his own ruling.

Judge Ware, who is black, said judges who are African American shouldn't be expected to recuse themselves from hearing civil rights cases even if they benefited from their ruling.

  • StillASassyOne

    Great points on both sides. And I agree with the judge who upheld the ruling. I don't see why Judge Walker's decision would be in question. It says alot about him that he was unbiased enough to strike down a proposition that would have BENEFITTED him!!

    Really....I'm all for the gays living lives normally and freely as everybody else. If they want to marry, fine, whatever. But the incessant whining and crying they do everytime something doesn't go their way or they meet some form of criticism is starting to make me more and more unsympathetic to their cause. Just being honest. :shrug:

  • martell203

    Does this mean that same-sex marriages allowed in Cali?

  • speakinmymind

    @ SASO...i agree totally with your comment and you summed it up perfectly.

  • LuvMySailor

    Although I am not in favor of gay marrigae, the groups arguemtn against the judge is weak. A gay judge can ubiasedly strike down a ban on gay marriage just as a conservative judge can unbiased uphold it as long as their interpretation of the law is unflawed

  • http://sandrarose.com Sandra Rose

    StillASassyOne says:

    Great points on both sides. And I agree with the judge who upheld the ruling. I don’t see why Judge Walker’s decision would be in question. It says alot about him that he was unbiased enough to strike down a proposition that would have BENEFITTED him!!
    __________________

    You read that wrong, hun. It's okay: it's early in the morning. Proposition 8 opposed gay marriage. Judge Walker, who is gay, struck down Proposition 8 so gays can marry in California. Judge Ware, who is black, upheld Judge Walker's decision.

  • http://sandrarose.com Sandra Rose

    martell203 says:

    Does this mean that same-sex marriages allowed in Cali?
    __________________

    Not yet. All of the appeals to Judge Walker's decision have not been exhausted. I think the final decision rests with the Supreme court.

  • StillASassyOne

    @Sandra

    Oops- you are right! I did read that wrong! My prior comment still stands. Both sides have valid points and I think they should be allowed to live freely...but I DO still want them to stop all the :wail: everytime they meet a roadblock somewhere.