The American Foundation for Equal Rights has tweeted from the California courtroom that “Judge Ware has ruled against anti-marriage forces and thrown out their absurd motion to vacate the Prop 8 decision.”
Key excerpts from the ruling, according to AFER tweets:
“it is not reasonable to presume that a judge is incapable of making an impartial decision…”
“no personal bias or reasonable doubt about the judge's impartiality exists in these circumstances”
Judge Ware writes that equal protection and due process benefit ALL society, not just members of minorities.
“all Californians have an equal interest in the outcome of the case.”
“The single characteristic that Judge Walker shares with the Plaintiffs … gave him no greater interest in a proper decision on the merits”
Ware writes that requiring recusal based solely on being in a same-sex relationship will “place an inordinate burden on minority judges.”
Judge Ware: the argument put forth by Prop 8 proponents “misinterprets the doctrine.”
Judge Ware: “Mere speculation … does not trigger the recusal requirements”
Ware: if Walker had disclosed “irrelevant” details about his personal life, “he could have set a pernicious precedent.”
Ware calls the anti-gay witchhunt sought by Prop 8 proponents “harmful to the integrity of the courts.
Ware: “the presumption that ‘all people in same-sex relationships think alike’ … has no place in legal reasoning.
Ware: “The Motion fails to cite any evidence that Judge Walker would be incapable of being impartial”
Story from the Associated Press:
A federal judge has upheld a gay judge’s ruling to strike down California’s same-sex marriage ban.
Chief U.S. District Judge James Ware said Tuesday that former Chief Judge Vaughn Walker did not have to divulge whether he wanted to marry his own gay partner before he declared last year that voter-approved Proposition 8 was unconstitutional.
Lawyers for backers of the ban argued at a hearing Monday that Walker should have recused himself or disclosed his relationship because he and his partner stood to personally benefit from the verdict.
Lawyers for two gay couples who sued to overturn Prop 8 called the effort to disqualify Walker frivolous, offensive and unfortunate.
Walker publicly revealed after he retired in February that he is in a 10-year relationship with a man.
