Hearing Set For Motion To Disqualify Prop 8 Judge

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.

(Copyright 2011 by CBSSan Francisco. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. Wire services may have contributed to this report.)

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