Sign in to comment!

Menu
Home

U.S.

Gay judge's same-sex marriage ruling upheld

A federal judge on Tuesday upheld a gay judge's ruling to strike down California's same-sex marriage ban. Chief U.S. District Judge James Ware said former Chief Judge Vaughn Walker did not have to divulge whether he wanted to marry his own gay partner before he declared last year that voter-approved Proposition 8 was unconstitutional.

Lawyers for backers of the ban argued at a hearing Monday that Walker should have recused himself or disclosed his relationship because he and his partner stood to personally benefit from the verdict.

Walker publicly revealed after he retired in February that he is in a 10-year relationship with a man. Rumors that he was gay had circulated before and after he presided over the trial in early 2010.

Ware said the ruling by Walker, who did not attend Monday's hearing, raised important questions and called it the first case in which a judge's same-sex relationship had led to calls for disqualification.

He said there probably were similar struggles when race and gender were the issues.

Many legal scholars did not expect Ware to overturn Walker's decision. They said having a judge's impartiality questioned because he is gay is new territory, but efforts to get female judges thrown off gender discrimination cases or Hispanic judges removed from immigration cases have failed.

Theodore Boutrous Jr., part of the legal team representing the two gay couples who filed the lawsuit against Proposition 8, called Cooper's arguments frivolous, offensive and unfortunate. He said Walker was being targeted because he is gay.

Bank Rates

Loan Type Graph Rate +/- Last Week
30 Y Fixed Graph 3.98% up 3.95%  
15 Y Fixed Graph 3.05% -- 3.05%  
30 Y Fixed Jumbo Graph 4.23% dw 4.53%  
5/1 ARM Graph 3.32% dw 3.71%  
5/1 Jumbo ARM Graph 3.14% dw 3.38%  
Loan Type Graph Rate +/- Last Week
$30K HELOC Graph 4.32% up 4.31%  
$50K HELOC Graph 4.06% -- 4.06%  
$30K Loan Graph 5.05% -- 5.05%  
$50K Loan Graph 4.48% dw 4.49%  
$75K Loan Graph 4.50% dw 4.51%  
Loan Type Graph Rate +/- Last Week
36 M New Graph 2.94% -- 2.94%  
36 M Used Graph 3.49% up 3.46%  
48 M New Graph 3.22% -- 3.22%  
48 M Used Graph 3.04% -- 3.04%  
60 M New Graph 3.24% -- 3.24%  
Loan Type Graph Yield +/- Last Week
6 month Graph 0.39% up 0.38%  
1 yr Graph 0.71% up 0.71%  
5 yr Graph 1.50% -- 1.50%  

See the latest updates on the hottest midterm races from Fox News

Full Elections Coverage →

Keep up with all the 2014 races in

Coverage →