Crucial Prop 8 hearing begins

A court hearing to determine the fate of California's Proposition 8 commenced Monday before a federal judge in San Francisco.

Attorneys arguing in favor of Prop 8 contend that former Judge Vaughn Walker's homosexuality is grounds to vacate Walker's decision last year that the California voter initiative banning same-sex marriage is unconstitutional.

An Associated Press story reported Monday, "Lawyers for the sponsors of the voter-approved ban … maintain that (Walker) should have recused himself or disclosed his relationship status before trial because he and his partner stood to personally benefit from Walker's verdict."

The same article also details how Prop 8 opponents made mention of the LDS Church during Monday's hearing.

"Ted Olson, one of the lawyers for the two same-sex couples who successfully sued to overturn the measure, (asked), 'What would a judge do who was Mormon knowing the Mormon Church took such an active role? What would a judge who had a nephew or niece or son or daughter who was gay or lesbian do? We have an unlimited number of permutations of what a judge might be asked to disclose.' "

The San Jose Mercury News detailed Monday why Judge James Ware, the federal jurist presiding over the hearing, won't let the question of whether this appeal was filed in a timely manner determine his decision. "Ware has made it clear he plans to rule on the heart of the matter, saying he is 'not inclined to use timeliness' as a basis to decide the motion to set aside Walker's ruling invalidating Prop 8. As a result, it appears Ware will rule directly on whether Walker's long-term same-sex relationship should have been disclosed and was a reason for him to step aside from handling the legal battle over gay marriage."

Two weeks ago the Los Angeles Times informally polled law professors about the possibility the June 13 appeal could succeed in vacating Walker's ruling. The headline: "Debate over judge's sexual orientation not likely to affect Prop. 8 case."

Ware can either issue a ruling from the bench Monday or take the matter under advisement and release his ruling at a later date.

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