Lawyers target gay marriage ruling by Calif judge

Dan82 · Jun 13, 2011

http://www.mercurynews.com/news/ci_18262528?nclick_check=1

A retired federal judge's long-term relationship with another man will be the subject of an unusual and possibly unprecedented court hearing Monday involving California's same-sex marriage ban.

Lawyers for the sponsors of the voter-approved ban are asking the chief federal judge in San Francisco to vacate the decision issued by his predecessor last year that declared Proposition 8 an unconstitutional violation of gay Californians' civil rights. They maintain that former Chief Judge Vaughn Walker should have recused himself or disclosed his relationship status before trial because he and his partner stood to personally benefit from Walker's verdict.

Attorneys for the ban's backers and for two same-sex couples who successfully sued to overturn the measure in Walker's court are scheduled to present arguments on that question to Chief U.S. Judge James Ware, who could rule from the bench or at a later date.

Walker publicly revealed after he stepped down in February after 20 years on the federal bench that he is in a 10-year-old relationship with a same-sex partner, although rumors that he was gay had circulated both before and after he presided over the Proposition 8 trial in early 2010...

http://www.mercurynews.com/news/ci_18262528?nclick_check=1
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Emberstone · Jun 13, 2011

the judge just a few short minutes ago brought today's hearing to a end, and the two issues the trial was about will ruled upon possibly in the next 24 hours in a written ruling.

As with conservative arguements everywhere and on really any subject, the anti-gay side once more failed to make a reasonable, logical case for throwing out the first trial because the judge happened to be gay, which they knew and acknowledged before that trial even happened, saying it is not a issue for them.

Revan · Jun 13, 2011

That was a quick hearing. Though frankly when you have no real basis or merit to your arguments...it shouldn't take long. Which is why it still baffles as to why the Prop 8 trial is taking so freaking long >_> But that's stupidity for you.

Revan · Jun 13, 2011

I figure I'll post the whole article that was made only 36 minutes ago:

SAN FRANCISCO — Northern District Chief Judge James Ware made his debut in the Proposition 8 case today, asking tough questions of the gay-marriage foes who are seeking to undo the rulings by the gay judge who presided over the trial.

After an hours-long hearing, Ware said he planned to rule within 24 hours on whether ex-District Judge Vaughn Walker had a duty to disqualify himself from the case because he is in a long-term relationship with a man. He could have had an interest in marrying, proponents argue.

Ware is in the rare position of determining whether a fellow district judge should have bowed out of a case. Walker, who rendered Prop 8 unconstitutional last August, publicly disclosed his sexuality and relationship after leaving the bench. Those topics were never broached by either side while the case was pending.

Race and gender have long been raised in recusal matters, but Ware said this case appeared to be a first to involve a judge's sexual orientation.

While the motion to vacate has been called a Hail Mary pass — and critics have noted the losing side is making the claim more than a year after trial — Ware said he would not sidestep the merits by shooting down the motion based on the timing.

Instead, Ware said he was weighing carefully the questions regarding judicial impartiality, and said the matter "has occupied me since the motion was first made."

During the hearing he labored over the proper standard of review and raised provocative hypothetical scenarios, such as whether a female judge who'd been victim of sexual assault should disclose that in a rape case. To that, the attorney representing the Prop 8 proponents, Charles Cooper, of Cooper & Kirk in Washington, D.C., said yes.

Ware also zeroed in on a lingering question about Walker that is central to the argument: Is there any evidence that Walker wants to marry? He asked Cooper the question several different ways, but didn't get a direct response.

Ware also asked Cooper what his position would be if it was known that Walker had no desire to marry. Cooper said the judge should still disclose his lack of interest.

"Lack of interest?" Ware asked, sounding skeptical.

Shortly thereafter Ware told counsel — and observers who had filled the courtroom and part of an overflow viewing location down the hall — that he didn't want his questioning to be taken as a sign of a "cavalier attitude." He called it an important issue, and at times showed a personal interest in aspects of the arguments.

When lawyers cited a case involving a black judge in an Alabama racial inequality case, Ware jumped in — showing his Southern roots — noting he that he knows the former Birmingham judge in question and recounted some of facts of the case.

Ware also offered a couple of disclosures of his own. He said he performed a same-sex marriage ceremony when it was legal in California. And he presided over the "Passing of the Gavel" ceremony for Walker's retirement, during which Walker received a video recording of the Prop 8 trial, which has caused more legal wrangling.

Walker played snippets of the video for an academic audience despite a protective order. The Prop 8 proponents objected to Walker showing the video, while the Perry plaintiffs have argued Walker should be allowed to keep the video and that it should be released to the public. Walker, meanwhile, has voluntarily turned over his copy. Ware said he would rule on the video questions later.

After the hearing, a lawyer for same-sex couples, Theodore Boutrous Jr., of Gibson, Dunn & Crutcher's Los Angeles office, sounded optimistic but stopped short of making any predictions.
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The other side is getting mighty desperate, almost attacking Ware even in regards to the racial inequality case.

Lawyers target gay marriage ruling by Calif judge

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