Gay jurist in Proposition 8 case had no legal obligation to remove himself, judge rules. His same-sex marriage ruling stands.


Today's Moment of Happy, via an email alert:

SAN FRANCISCO (AP) Federal judge upholds ruling by gay judge that struck down same-sex marriage ban in Calif.

And this just in, via the L.A. Times:

A federal judge on Tuesday refused to invalidate last year's ruling against Proposition 8, deciding the gay jurist who overturned the same-sex marriage ban had no obligation to step aside because of a possible conflict of interest.

The decision by Chief Judge James Ware of the U.S. District Court in San Francisco left the ruling by retired Judge Vaughn R. Walker in place. Walker’s decision remains on hold pending a separate appeal to the U.S. 9th Circuit Court of Appeals.

Gay rights for the win! And again, why oh why must this even be a battle?