Equality California Prop 8 Update

In a recent email from Equality California it was announced that U.S. District Court Judge James Ware ruled that former U.S. District Judge Vaughn Walker did not have to recuse himself from the federal case against Proposition 8 just because he is gay.

If Judge Ware had decided that Judge Walker should have removed himself from hearing the case because of his sexual orientation, Judge Walker’s ruling in 2010 that Prop. 8 is unconstitutional could have been overturned. It also would have set a dangerous precedent for many judges in the US. Female judges could have been barred from hearing cases that affect women. African American, Latino and Asian American judges could have been barred from hearing cases that affect their own ethnicity and so on. This ruling reaches beyond the LGBT community and is a cause for celebration for all Americans who believe in equality.

So now it is up to the California Supreme Court, which will hear arguments in the case against Prop. 8 in September of this year. Then the Ninth Circuit Court of Appeals will consider the findings of the California Supreme Court and make its own ruling on Prop. 8, probably in the beginning of 2012.

As more information and details become available, I will be sure to post more updates. You can also stay caught up on prop 8 by following Equality California on Facebook and Twitter.