Supporters of California's gay marriage ban are appealing a ruling that a U.S. judge's own gay relationship was no basis for throwing out his decision in support of same-sex marriage, Reuters reported.
District Judge Vaughn Walker in San Francisco last year struck down California's same-sex marriage ban, known as Proposition 8; after retiring from the bench earlier this year, he openly discussed his own gay relationship.
Now, supporters of the ban are saying his ruling was compromised and should be disregarded. But Chief District Judge James Ware disagreed, ruling earlier this month, saying that granting such a request would send a message that minority judges could not rule in civil rights cases.
Attorneys for protectmarriage.com, the anti-gay marriage group defending California's ban, said in court papers filed last week that they will be appealing Ware's decision.
A representative for two same-sex couples challenging the ban did not immediately comment on Monday.
New York Governor Andrew Cuomo signed a same-sex marriage bill into law on Friday, making New York the sixth and largest state to allow gay marriage.