Gay Judge's Same-Sex Marriage Ruling Upheld

By LISA LEFF | June 14, 2011 | 4:15 PM EDT

SAN FRANCISCO (AP) — A federal judge has upheld a gay judge's ruling to strike down California's same-sex marriage ban.

Chief U.S. District Judge James Ware said Tuesday that 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.

Lawyers for two gay couples who sued to overturn Prop 8 called the effort to disqualify Walker frivolous, offensive and unfortunate.

Walker publicly revealed after he retired in February that he is in a 10-year relationship with a man.