Judge's Proposition 8 Ruling Contested .
Supporters of California's Proposition 8, which bans gay marriage, filed a motion Monday seeking to reinstate the law because the judge who overturned the ban recently disclosed he is gay and in a relationship. In a brief filed with the Ninth Circuit Court of Appeals, lawyers for a group defending Proposition 8 called ProtectMarriage.com argued that U.S. air max 2011 District Judge Vaughn Walker failed to disclose before the trial his own 10-year same-sex relationship and should have recused himself from the case. Andy Pugno, general counsel for the group, said that federal law requires a judge to disqualify himself if he has any personal interest in the outcome of the case or if there are circumstances which might cause a judge's impartiality to be reasonably questioned. "The American people have a right to a fair judicial process, free from even the appearance of bias or prejudice," Mr. Pugno said in a statement. The brief claimed that Judge Walker is a "judge in his own case" because he has a potential interest in marrying his own partner. Only if Judge Walker "had unequivocally disavowed any interest in marrying his partner could the parties and the public be confident that he did not have a direct personal interest in the outcome of the case," it said. Chad Griffin, board president of the American Foundation for Equal Rights, which is fighting the ban in court on behalf of two same-sex couples who want to marry, said the proponents of Proposition 8 "are grasping at straws because they have no legal case." He added: "They're attacking the judge because they disagree with his decision." Erwin Chemerinsky, dean of the University of California, Irvine School of Law, said that no U.S. court had ever ruled that a judge's personal identity was sufficient reason for disqualification. "I think it is offensive to say that a judge can't hear this case because he is gay or lesbian," he said. "By that reasoning, a black judge couldn't have heard challenges to segregation law." Judge Walker ruled last summer that Proposition 8 is unconstitutional because it violates the constitutional protections of equal protection and due process. Judge Walker, who retired in February, couldn't be reached for comment Monday. While his sexuality had long been a topic of speculation, Judge Walker addressed it directly in an interview with court reporters in early April. Judge Walker, who was assigned the case at random, told reporters that he never considered recusing himself and that it wouldn't be appropriate for any judge's sexual orientation, ethnicity or gender to stop him or her from presiding over a case. Early last year, when speculation about Judge Walker's sexuality first emerged in the media, no lawyer from either side of the case mentioned it in court. The case is now with the Ninth Circuit, which has heard oral arguments and is expected to rule later this year.