Same-sex marriage ruling upheld in Calif.
SAN FRANCISCO (KABC) -- A federal judge upheld a gay judge's ruling to strike down California's same-sex marriage ban on Tuesday.
Chief U.S. District Judge James Ware issued the decision following a hearing in San Francisco Monday. He determined former Judge Vaughn Walker's sexual orientation was not relevant over his ruling on Proposition 8.
Following the ruling last year, Walker retired and announced he'd been in a long-term same-sex relationship. Lawyers for Prop 8 supporters argued that Walker should have recused himself or disclosed his relationship because he and his partner stood to personally benefit from the verdict.
Ware said it wasn't necessary for Walker to divulge whether he wanted to marry his partner prior to declaring the voter-approved Proposition 8 unconstitutional.
Ware said the ruling by Walker, who did not attend Monday's hearing, raised important questions and called it the first case in which a judge's same-sex relationship had led to calls for disqualification.
He said there probably were similar struggles when race and gender were the issues.
The Associated Press contributed to this story
prop 8, legal, california news
- Oklahoma tornado: Recovery effort under way
- Greuel, Garcetti face off on Election Day
- Undersheriff Tanaka speaks out against Baca
- 'DWTS': Zendaya holds lead in final four
- LAPD officer accused of lewd acts w/ 2 girls
- 3 charged in bizarre East LA '12 bank robbery
- Video: Pit bull owners rally against discrimination
- Girl escapes brazen kidnap attempt in OC
- UC hospital workers strike over understaffing
- NKorea on day 3 of short-range weapon launches
- abcnews: Apple CEO defends offshore tax policy
- Heart rate fitness tool helps burn calories
- Ray Manzarek, The Doors founder, dies at 74
- OTRC: 'Dancing With The Stars' recap - week 10
- AEG Live spent $24M on Michael Jackson tour
35 min ago
- Pet of the week: 2-month-old Chihuahua-mix
20 min ago