Posted on www.lgbtqnation.com
By Brody Levesque
Here you go Castro San Francisco. This is the latest on Prop8. The U.S. District Court for Northern California issued a "fast-track" order in the Proposition 8 case, and has scheduled a June 13 hearing to consider a motion to have ruling in the case thrown out because the trial judge in the case is gay. Castro residents laugh at the hypocrisy of this argument. Nine times out of ten the judges are heterosexual and you don't see the LGBTQ community filing motions.
Supporters of California's Proposition 8 — the voter approved ban on gay marriage, that was later declared unconstitutional — are seeking to have the ruling voided because the federal judge that presided over the case is gay, and did not disclose he was in a long-term, same-sex relationship. Our eyes roll here at My Castro San Francisco.
The Los Angeles Times reports:
In a court filing, the sponsors of the ban on gay marriage, ProtectMarriage, asked the chief judge of the federal court in San Francisco to nullify last August's ruling by former U.S. District Chief Judge Vaughn R. Walker, who retired earlier this year. ProtectMarriage said Walker should have disclosed his involvement with his male partner before presiding over the marriage trial because it constituted a conflict of interest.
"Judge Walker's 10-year-long same-sex relationship creates the unavoidable impression that he was not the impartial judge the law requires," ProtectMarriage argued in the legal filing.
Earlier this month, Walker — now retired — confirmed for the first time publicly that his is gay, although it was widely known before the trial began. Gay San Francisco wishes they had the luxury of filing appeals for every heterosexual judge that had made an unfavorable ruling for Prop8. Honestly, this is almost comical.
Walker said he never considered his own homosexuality a reason to recuse himself from the case. This should come as little shock as Walker maintained complete professionalism throughout his career.
Court and legal analysts have said that it is highly unlikely that ProtectMarriage's bid to have Walker's ruling vacated will succeed.