Proponents of the law that was supposed to ban gay marriages in California challenged on Monday the judge who turned down the law. Apparently, the judge is in a same-sex relationship and was bias with his ruling.

Judge Vaughn Walker, former U.S. District Chief Judge, ruled last year that he Proposition 8 or the law banning gay marriages in California is unconstitutional. The case has been appealed in the U.S. Supreme Court.

At the moment, almost all states in the U. S. ban same-sex marriage and the people of California joined the band-wagon in 2008 after approving Proposition 8. The move raised brows of many gay rights advocates all over the nation; thus, the recent case.

In the effort to dismiss the judgment that was filed on Monday, proponents of the said ban announced that the judge’s 10-year relationship with the same sex should have prompted him to let go of the case in the first place as he may want to marry. This inducted a possibly bias decision from his end.

The motion also said that the proponents do not suggest that a homosexual judge should not handle the case. However, they are not saying that Judge Walker has issued an injunction for possible personal gain but that could have what happened when he said that banning gay marriages is unconstitutional.

Judge Walker, however, said that in an interview conducted on April 6 that he may be in a decade-long homosexual relationship but that is not enough reason to pull him out of the case. He further said that ethnicity, sexual orientation, gender, or even national origin should stop any judge from doing his or her job.