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Proponents of California's same-sex
Proponents of California's same-sex marriage ban filed a motion Monday seeking to vacate the [link widoczny dla zalogowanych] historic ruling that overturned Proposition 8 because the federal judge who wrote it is in a long-term relationship with another man.
Lawyers for the ban's backers said in the motion in San Francisco's U.S. District Court that Chief U.S. District Judge Vaughn Walker should have removed himself from the case, or at least disclosed his relationship status, because his "impartiality might reasonably be questioned." "Only if Chief Judge Walker had unequivocally disavowed any interest in marrying his partner could the parties and the [link widoczny dla zalogowanych] public be confident that he did not have a direct personal interest in the outcome of the case,[link widoczny dla zalogowanych]," attorneys for the coalition of religious and conservative groups that put Proposition 8 on the November 2008 ballot wrote. Proposition 8 overturned a ruling by the California Supreme Court legalizing same-sex marriages.
They are now asking the judge who inherited the case when Walker retired at the end of [link widoczny dla zalogowanych] February to vacate Walker's August 2010 decision. The 9th U.S. Circuit Court of Appeals already is reviewing its legal merits at the request of the voter-approved measure's proponents. Walker has said that he did not consider his sexual orientation to be any more a reason for recusal than another judge's race or gender normally would be. A spokeswoman said Monday that the judge wouldn't comment on the motion.
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