Gay marriage opponents appeal over gay judge

Apr 26, 2011, 4:33 GMT

San Francisco - Opponents of gay marriage in California on Monday appealed against the decision of a judge who supported it, after he revealed a long-term same-sex relationship.

US District Court Judge Vaughn Walker last year blocked the implementation of Proposition 8, which would have prohibited same-sex marriage in California - the most populous state of the United States and one famous for its liberal lifestyle.

The supporters of Proposition 8 said that Walker should have disclosed his 10-year relationship when he made the ruling.

'No man can be a judge in his own case,' said Charles Cooper, lawyer for the opponents of same-sex marriage. Because Walker has never ruled out that he might marry his partner, he had a 'clear and direct stake in the outcome' of his own ruling, Cooper said when asking San Francisco's new chief district court judge to set aside Walker's ruling.

Proposition 8 was introduced in a ballot initiative backed by massive cash contributions from out-of-state conservative groups including the Mormon church. But Walker blocked its implementation for discriminating against homosexuals saying this violated the constitution.

Proponents of gay marriage said the appeal was destined to fail. 'What's next - are they going to say all female judges should recuse themselves in gender discrimination cases?' San Francisco City Attorney Dennis Herrera was quoted as saying by the San Francisco Chronicle.

Walker's sexual orientation was known before his ruling, but he never discussed the issue during the trial. But after retiring in February the 67-year-old discussed it with reporters earlier this month. According to the report he said he considered his orientation irrelevant to the case and that it was 'a very slippery slope' to argue that a judge is biased because of his sexual orientation, gender or other personal characteristics.

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