SAN FRANCISCO (CBS/AP) – A federal judge has scheduled a hearing on whether a ruling that struck down California’s same-sex marriage ban should be thrown out because its author is in a same-sex relationship.
Chief U.S. District Judge James Ware’s order issued Wednesday said he was fast-tracking the motion involving his retired predecessor, former Chief Judge Vaughn Walker, with a June 13 hearing date.
Lawyers for the sponsors of the voter-approved gay marriage ban have asked Ware to vacate Walker’s decision overturning Proposition 8 as a violation of gay Californian’s civil rights.
Walker disclosed this month that he has a male partner of 10 years, but said he never considered removing himself from the case.
Judicial ethics experts say the bid to overturn the judge’s ruling is unlikely to succeed.
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