A three-judge pannel with the 9th U.S. Circuit Court of Appeals is expected to rule Tuesday on whether California's same-sex marriage ban violates the Constitution.
After a two-week trial in 2010, Federal District Court Judge Vaughn Walker - who has since retired - overturned the voter-approved measure known as Proposition 8, saying gay and lesbian couples were unfairly denied the right to marry.
Walker's decision came into question because he was gay and in a long-term relationship. The court is being asked to invalidate the ruling.
District Court Judge James Ware has previously upheld the ruling.
"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," Ware ruled in June.
Ware, based in San Francisco, backed the original ruling by Walker that the ban on same-sex marriage in the state was unconstitutional - a violation of equal protection.
The 9th Circuit, in a hearing just over a year ago, indicated it was inclined to toss out Prop 8.FULL STORY