As they announced they would do in mid-June, Prop 8 proponents have filed papers appealing Judge James Ware's decision to reject the frivolous attempt to throw out the Prop 8 ruling over Judge Vaughn Walker's sexuality.
Prop 8 proponents filed a motion April to vacate the ruling overturning California's ban on same-sex marriage, saying that the judge's recent statements that he is gay mean he should have recused himself from the case, and give them grounds to appeal. It was rejected on June 14.
The SF Examiner reports: Attorneys for Prop. 8 filed their appeal this afternoon before the 9th U.S. Circuit Court of Appeals, the same court that is hearing an appeal of JudgeVaughn Walker's ruling last August that the law unconstitutionally violated the civil rights of gays and lesbians.
Reuters adds: Attorneys for ProtectMarriage.com, the anti-gay marriage group defending California's ban, said in court papers filed late last week that they would appeal Ware's decision. They did not respond to a request for comment on Monday.
Matthew McGill, an attorney for two same-sex couples challenging the ban, said ProtectMarriage.com had been clear that they would continue a "smear campaign" against Walker.
"The only thing surprising about this development is doing so in the face of such a well-reasoned opinion," McGill said.
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