SAN FRANCISCO — Proposition 8 backers want both cases aimed at preserving the ban on gay marriage heard at the same time by the same panel of judges at the Ninth Circuit U.S. Court of Appeals.
In their latest filing, proponents asked the court to consolidate their suit over the trial judge — who they say should have recused because he was in a same-sex relationship — with the main case on the constitutionality of the ban. And they want a ruling first, or at the same time, on whether ex-U.S. District Judge Vaughn Walker should have given up the case.
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