The now-retired Judge Vaughn Walker recently revealed that he was in a long-term relationship with another man. Last summer, he ruled that Prop 8 was unconstitutional.
Supporters of Prop 8 said Walker should have recused himself from the case because his impartiality on the issue could be questioned.
The 9th U.S. Circuit Court of Appeals is looking into Walker's ruling at the request of Prop 8 backers.