A federal judge who ruled against a ban on same-sex marriage in California and later revealed that he is gay showed no evidence he was prejudiced in the case, according to a ruling Tuesday.
U.S. District Court Judge James Ware upheld former colleague's Judge Vaughn Walker's ruling on California's Proposition 8. Questions had been raised about Walker's ability to impartially decide the controversial question of same-sex marriage.
"It is not reasonable to presume that a judge is incapable of making an impartial decision about the constitutionality of a law, solely because, as a citizen, the judge could be affected by the proceedings," ruled Ware, based in San Francisco.
Ware backed the original ruling by Walker that the voter-approved ban on same-sex marriage in the state was unconstitutional. The new order keeps the issue on track to an expected Supreme Court challenge, perhaps by next year.FULL STORY