SAN FRANCISCO - Rumors swirled that the federal judge who had struck down California's same-sex "marriage" ban last summer was homosexual, but the lawyers charged with defending the measure remained silent on the subject. Their preferred strategy for getting the ruling overturned on appeal was to focus on the law, not a judge's personal life, they said.
Eight months later, Proposition 8's proponents and their attorneys have taken a new position. They filed a motion Monday seeking to vacate Chief U.S. District Judge Vaughn Walker's historic ruling, a move they said was prompted by the now-retired jurist's recent disclosure that he is in a long-term relationship with another man.
Lawyers for the ban's backers argue that the judge's relationship status, not his sexual orientation, gave him too much in common with the couples who successfully sued to overturn the ban in his court.