Main | Wednesday, October 05, 2011

Prop 8 Backers File Another Brief To Overturn Judge Walker's Ruling

They keep losing, but the backers of Proposition 8 just appeal, appeal, appeal. Once again, they are demanding that Judge Walker's ruling be overturned because his gayness and long-term relationship constituted an inherent conflict of interest.
The sponsors of California's voter-approved same-sex marriage ban have asked a federal court to invalidate the ruling of the federal judge who struck it down, saying the judge should be disqualified because he did not divulge he was in a long-term relationship with another man. Lawyers for the Proposition 8's backers filed their open brief on the issue late Monday with the 9th U.S. Circuit Court of Appeals in San Francisco.

They claim that another federal judge erred when he concluded U.S. Chief Judge Vaughn Walker's relationship status was irrelevant to Walker's ability to fairly preside over the trial on the measure's constitutionality. In their brief, they argue that Walker's impartiality can be questioned because he is "similarly situated" to the plaintiffs who sued to overturn Proposition 8, two same-sex couples in established relationships. They also said that while Walker has not indicated if he and his partner wish to marry, research presented as evidence in the trial found that two-thirds of unmarried same-sex couples would tie the knot if they could.

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