Hearing set over judge assigned to Prop 8 case

File photo of a Proposition 8 rally.

June 12, 2011 1:14:40 PM PDT
A federal judge will hold a hearing on Monday morning over a motion to throw out Judge Vaughn Walker's ruling that California's Proposition 8 is unconstitutional.

The issue surrounding the ruling is whether Judge Walker should have disclosed his openly-gay relationship of 10 years before ruling on the same-sex marriage ban.

Most legal scholars agree that his sexual orientation is not an issue, but the fact that he didn't disclose his long-term gay relationship before the trial could be.

The motion to vacate Judge Walker's ruling is brought by supporters of Proposition 8, a state initiative that sought to define marriage as a union between one man and one woman.

Supporters of same-sex marriage plan to demonstrate outside the federal courthouse before tomorrow's hearing.