Judge Ware -- as expected -- has denied a motion to vacate the ruling of Judge Walker in the California Proposition 8 case because Judge Walker is gay and in a long term relationship.
"The sole fact that a federal judge shares the same circumstances or personal characteristics with other members of the general public, and that the judge could be affected by the outcome of a proceeding in the same way that other members of the general public would be affected" is not a reason to disqualify the Judge. Did we really need to waste the time of another federal judge to tell us what should be obvious?
And perhaps most important Judge Ware observed that disclosure by Judge Walker of irrelevant details about his personal life would have set a pernicious precedent that would undermine the integrity of the judiciary.
So much for one of the most frivlous motions filed in federal court this year.