(CN) - Former Chief U.S. District Judge Vaughn Walker did not face a conflict of interest when he struck down California's ban on gay marriage as unconstitutional last year, Walker's successor ruled Tuesday.
The proponents of Proposition 8 tried to invalidate Walker's landmark 2010 by pointing out that the former chief judge, who retired earlier this year, is openly gay and has been in a 10-year relationship with another man. They claimed this fact satisfied the grounds for recusal or disqualification of a federal judge, which are laid out in a law called Section 455.
"The sole fact that a federal judge shares the same circumstances or personal characteristics with other members of the general public, and that the judge could be affected by the outcome of a proceeding in the same way that other members of the general public would be affected, is not a basis for either recusal or disqualification under Section 455(b)(4)," Chief U.S. District Judge James Ware wrote. "Further, under Section 455(a), 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."
After Walker retired at the end of February 2011, the Proposition 8 case was reassigned to Ware, and Walker spoke to Reuters about his career and his 10-year relationship with a physician.
ProtectMarriage.com and the other Prop. 8 proponents moved to vacate Walker's decision on April 25, arguing that this admission constituted grounds for Walker's disqualification.
Ware explained that the argument is not novel in civil rights actions.
"The fact that a federal judge shares a fundamental characteristic with a litigant, or shares membership in a large association such as a religion, has been categorically rejected by federal courts as a sole basis for requiring a judge to recuse her or himself," Ware wrote. "Defendant-Intervenors deny that the Motion is based on bias against gay or lesbian judges or based on the broad proposition that a gay or lesbian judge is incapable of being fair if sexual orientation is an issue in a case. Rather, Defendant-Intervenors narrow their Motion to the contention that Judge Walker had an actual interest in the case. Plaintiffs in the underlying case were same-sex couples who were challenging the constitutionality of a California Proposition that, Plaintiffs contend, stripped them of the right, as same-sex couples, to marry. At the time the case was assigned to him, Judge Walker was in a same-sex relationship. Defendant-Intervenors contend that Judge Walker had an interest in the case because if he were to decide that Plaintiffs were entitled to have their right to marry restored, even though there was no evidence that Judge Walker intended to marry, the sole fact that he was in a same-sex relationship placed Judge Walker in the position of deciding a case that could affect him if he were to desire to marry."
As he indicated during oral arguments on Monday, Ware summarily rejected the attempt within 24 hours of a hearing.