Friday, April 29, 2011

June 13 Date Set for Prop 8 Hearing Over Judge Walker's Sexuality

Chief U.S. District Judge James Ware has fast-tracked a hearing prompted by a motion from proponents of Proposition 8 over the fact that Judge Vaughn Walker, who overturned California's ban on same-sex marriage, is in a relationship with a man.

The AP reports that the hearing has been set for June 13:

Lawyers for the sponsors of the voter-approved ban asked Ware to vacate Walker's August 2010 decision overturning the ban as a violation of gay Californians' civil rights.

Backers of Proposition 8 said Walker should have recused himself or disclosed his relationship status before trial to avoid the appearance of a conflict of interest.

In related news,the 9th Circuit Court of Appeals has referred the question of unsealing videos of the trial back to Judge Ware:

The 9th U.S. Circuit Court of Appeals ordered U.S. District Judge James Ware to consider competing bids by Proposition 8 sponsors to keep the video under wraps and by the measure's opponents to unseal it.

A three-judge panel of the appeals court said the trial judge "has the power to grant the parties all the relief they seek, should relief be warranted" on either side.

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