A federal judge has upheldJudge Walker’s ruling striking down Proposition 8, rejecting a challenge that claimed the ruling was invalid because Walker is gay and thus could theoretically benefit from the ruling.

This was hardly an unexpected ruling, I’ve spoken with supporters of Proposition 8 who agreed that this was a pretty weak argument. If a gay judge cannot rule on same sex marriage then wouldn’t that prohibit a married judge from ruling on divorce or a female judge from ruling on abortion, etc.

District Court Judge James Ware stated it clearly in his ruling

“It is not reasonable to presume that a judge is incapable of making an impartial decision about the constitutionality of a law, solely because, as a citizen, the judge could be affected by the proceedings,”

So not a huge surprise but still a nice victory for those on the side of marriage equality.