Walker, who struck down the ban last year, is gay and in a long-term relationship. While he was silent about his personal life while hearing the case, he acknowledged his orientation in an interview with reporters earlier this month.
At the very least, lawyers for the proponents wrote, Walker should have told the parties he was gay. But he may have been required to go further, they wrote: “For if at any time while this case was pending before him, Chief Judge Walker and his partner determined that they desired, or might desire, to marry, Chief Judge Walker plainly had an ‘interest that could be substantially affected by the outcome of the proceeding’” requiring disqualification.
