Issue:  Vol. 48 / No. 12 / 22 March 2018

Prop 8 lawyers appeal ruling against their vacate motion

Attorneys for the group behind California’s same-sex marriage ban have appealed a federal district court judge’s ruling that the judge who initially heard the case did not have to recuse himself because he is gay.

The U.S. District Court for the Northern District of California announced today (Monday, June 27) that the lawyers for, which was behind the anti-gay Proposition 8 in 2008, had appealed the ruling to the United States Court of Appeals.

U.S. District Court Chief Judge James Ware denied their motion to vacate the ruling Tuesday, June 14. He ruled that a new trial over Prop 8’s constitutionality is not necessary because the initial judge in the case, retired U.S. District Court Chief Judge Vaughn Walker, had no reason to recuse himself due to his 10-year relationship with his partner, a male doctor.

Walker ruled last year that Prop 8 violates same-sex couples rights under the U.S. Constitution. That ruling is now before the appellate court for the 9th Circuit. The three-judge panel has asked the California Supreme Court to advise it if Prop 8’s backers can appeal the ruling under California laws.

The state court is expected to hear arguments in that legal matter this September. Gay rights lawyers have argued only the governor or attorney general can defend the ballot measure, and because both have refused to do so, there is no grounds for an appeal.

The appeals court is expected to issue its ruling sometime shortly thereafter it hears from the state justices. The legal dispute is expected to be heard by the U.S. Supreme Court.

The case had been known as Perry vs. Schwarzenegger but has since been renamed Perry vs. Brown.

— Matthew S. Bajko, June 27, 2011 @ 4:49 pm PST
Filed under: Uncategorized

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