Judge Ware Rejects Motion to Vacate Judge Walker’s Ruling

Judge Ware denied the haters' claim that Judge Walker was biased on the Prop 8 case.

He said:

"It is not reasonable to presume that a judge is incapable of making an impartial decision about the constitutionality of a law, solely because, as a citizen, the judge could be affected by the proceedings," U.S. District Judge James Ware wrote in his ruling Tuesday.

Here's the ruling
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NCLR Executive Director Kate Kendell speaks on Yesterday's Prop 8 Case

Judge Ware: Judge Walker's sexuality is Non-Issue in the Prop. 8 case

Judge James Ware

The haters believed that Judge Walker's sexuality and relationship played a huge role in his decision over Prop 8. They forced this issue in for a hearing today, hoping to erase his ruling.

Well, that didn't work out so good for them today. The Judge overseeing his mess said that there was no evidence that Walker's sexuality tripped up the Prop 8 case.

A federal judge questioned Monday whether the judge who presided over the Proposition 8 trial had a duty to disclose his same-sex relationship if he did not intend to marry his long-term partner.


U.S. District Chief Judge James Ware said during a court hearing that there was no evidence that retired Judge Vaughn R. Walker ever wished to marry his partner, a physician.


Sponsors of Proposition 8, the 2008 ballot measure that resurrected a ban on same-sex marriage, argue that Walker’s ruling against the marriage ban should be wiped from the books because his long-term relationship created an interest in the outcome of the case.


Ware, who is African American, said the Proposition 8 case was the first to test the need for a judge’s recusal in a case in which the judge is gay. Ware noted that “the same kind of struggle” has affected female judges and jurists who are racial minorities.


“This is the first case where same-sex relationship is the subject for disqualifying a judge, so it is important that we treat it seriously and get it right,” Ware said.

The haters were stupid to do this. They are so desperate to stop gay marriage, it's getting ridic. Just let it go, we will win.

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Court set to hear Prop 8 Supporters concerns over Judge Walker's Ruling

This is ridic, but I guess everyone deserves their day in court. On June 13, a hearing has been scheduled to see if Judge Walker's ruling should be tossed out because the he's is gay and in a relationship.

Chief U.S. District Judge James Ware said Wednesday he was fast-tracking the motion involving his retired predecessor, former Chief Judge Vaughn Walker.

Lawyers for the sponsors of the voter-approved ban asked Ware to vacate Walker's August 2010 decision overturning the ban as a violation of gay Californians' civil rights.


Backers of Proposition 8 said Walker should have recused himself or disclosed his relationship status before trial to avoid the appearance of a conflict of interest.

The judge, who left the bench at the end of February, recently revealed that he has been in a relationship with the same man for 10 years, but said he never considered removing himself from the case.

Basically, the haters think Walker was being unfair. Interesting, considering that they are being bigots about all of this. That's unfair.

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