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ProtectMarriage.com has filed a motion just minutes ago to vacate the Perry decision. Part of the background here is that the law requires a judge to recuse himself whenever a reasonable person could reasonably question whether there was even the appearance of impropriety.

In this case, shortly after retiring from the bench recently, Chief Judge Walker admitted that he has been in a 10-year committed relationship with another man. The motion argues that Walker had an undeniable obligation to disclose this to the parties on the record prior to taking assignment of the case, itself cause for recusal.

Additionally, because Walker potentially would benefit from his own ruling, he had an added obligation to remove himself from hearing the case.

For more on this story, see our earlier posts on the topic.

Here is the motion:

Motion to Vacate