A ruling by Chief U.S. District Judge James Ware upheld an earlier ruling overturning Proposition 8, an amendment to the California Constitution banning same sex marriage. The ruling was challenged by Prop 8 supporters because Chief Judge Vaughn Walker was in a long-term same sex relationship. Ware said that the nature of Walker's homosexuality did not preclude him from being able to make an impartial decision on the legality of same sex marriage bans. "The presumption that Judge Walker, by virtue of being in a same-sex relationship, had a desire to be married that rendered him incapable of making an impartial decision, is as warrantless as the presumption that a female judge is incapable of being impartial in a case in which women seek legal relief," Ware wrote in the decision.
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