A federal judge has upheld a gay judge's 2010 ruling that overturned California's Proposition 8 defining marriage as only between a man and a women.

Chief U.S. District Judge James Ware said that former Chief Judge Vaughn Walker did not have to reveal his desire to marry his own gay partner before ruling against the voter-approved Proposition 8.

Judge Walker ruled the the marriage definition was unconstitutional. He has since retired from the bench.

Prop 8 supporters challenged that ruling, arguing that Walker should have recused himself because of his long-term relationship with another man. They contend Walker and his partner stood to benefit from his decision.

"Judges have a duty not only to apply the law without bias but to do so in a way that avoids even the appearance of impropriety," said Protectmarriage.com's Austin Nimocks.

Gay marriage supporters call the move frivolous.

"We have to assume as a public official he followed the law. And if he thought that there was a problem he would have disclosed it," said Dean Johnson, a legal analyst.