A U.S. judge's gay relationship is no basis for tossing out his decision overturning California's same-sex marriage ban, another federal judge ruled on Tuesday.
Doing otherwise would send a message that minority judges could not rule in civil rights cases, ruled Chief U.S. District Judge James Ware, who upheld the decision to overturn California's gay marriage ban.
In pointed language, Ware slapped down the attempt to throw out his gay former colleague's decision as an attack on standards of judicial impartiality, saying it ignored the idea that protecting the rights of minorities benefits all.
ProtectMarriage.com, the anti-gay marriage group defending California's ban, will appeal Ware's ruling, said Charles Cooper, an attorney for the group.
U.S. District Judge Vaughn Walker in San Francisco last year struck down California's same-sex marriage ban, known as Proposition 8, and supporters of the ban now say his ruling was compromised and should be vacated.
The case was immediately appealed to the 9th U.S. Circuit Court of Appeals.
It could set national policy if it reaches the U.S. Supreme Court and is being watched throughout the nation, where same-sex marriage is legal in only a handful of states.
In a written ruling, Judge Ware said Walker's same-sex relationship was no reason to throw out his decision. Ware took over the case after Walker retired earlier this year.
Standards such as those advocated by the pro-ban attorneys would come dangerously close to forcing minority judges to excuse themselves from civil rights cases, wrote Ware, an African-American appointed by former President George H.W. Bush.
Source : Yahoo
Doing otherwise would send a message that minority judges could not rule in civil rights cases, ruled Chief U.S. District Judge James Ware, who upheld the decision to overturn California's gay marriage ban.
In pointed language, Ware slapped down the attempt to throw out his gay former colleague's decision as an attack on standards of judicial impartiality, saying it ignored the idea that protecting the rights of minorities benefits all.
ProtectMarriage.com, the anti-gay marriage group defending California's ban, will appeal Ware's ruling, said Charles Cooper, an attorney for the group.
U.S. District Judge Vaughn Walker in San Francisco last year struck down California's same-sex marriage ban, known as Proposition 8, and supporters of the ban now say his ruling was compromised and should be vacated.
The case was immediately appealed to the 9th U.S. Circuit Court of Appeals.
It could set national policy if it reaches the U.S. Supreme Court and is being watched throughout the nation, where same-sex marriage is legal in only a handful of states.
In a written ruling, Judge Ware said Walker's same-sex relationship was no reason to throw out his decision. Ware took over the case after Walker retired earlier this year.
Standards such as those advocated by the pro-ban attorneys would come dangerously close to forcing minority judges to excuse themselves from civil rights cases, wrote Ware, an African-American appointed by former President George H.W. Bush.
Source : Yahoo
Labels: gay judge proposition 8 upheld
