California’s highest court is to hear arguments on September 6th around the state’s gay marriage ban.
The Supreme Court will consider whether gay marriage opponents in the state have the legal standing to challenge a court ruling overturning the 2008 ban, known as Proposition 8.
US District Judge Vaughn Walker ruled in August 2010 that the ban should be lifted.
Then, opponents applied for – and won – a stay while they appealed the decision.
The 9th US Circuit Court of Appeal is currently considering that decision but says it will not make a ruling until the state Supreme Court rules on whether gay marriage opponents have the legal standing to appeal the original judgement.
Judge Walker’s ruling was recently upheld by a federal court.
Gay rights opponents claimed that because he is gay, he could not approach the case without bias. They also argued that he planned to marry his partner but could show no evidence for this.
Chief US District Judge James Ware ruled in June that the fact Judge Walker is in a relationship would not make him “so interested in marrying the person that he would be unable to exhibit the impartiality which, it is presumed, all federal judges maintain”.