The lawsuit, filed in June by two same-sex couples, argues that Proposition 8 violates the U.S. Constitution. Representing the plaintiffs are high-profile lawyers Theodore Olson and David Boies, who argued on opposite sides of the U.S. Supreme Court case to decide the 2000 presidential election.
Critics have accused Judge Walker of judicial bias, pointing to an earlier ruling against Proposition 8. Attorneys for the plaintiffs had asked to see internal Proposition 8 campaign communications, arguing that they might reveal attempts to create a “discriminatory animus” against gays.
Judge Walker ruled in favor of the plaintiffs, but a federal appeals court panel in December reversed his decision.
“Judge Walker has not shown himself to be an impartial judge in this case,” said Mr. Brown. “He has attempted to make this entire process a circus, and he wants to be the ringleader by putting it on television.”
The California Supreme Court ruled in favor of allowing same-sex marriage in May 2008, but the decision was overruled six months later by Proposition 8, which California voters approved by a margin of 52 percent to 48 percent.