A federal judge in California is expected to decide Tuesday on whether to scrap the ruling of former U.S. District Judge Vaughn Walker because he's gay.

Proponents of Proposition 8, California's gay marriage ban, on Monday argued that Walker's August ruling declaring the 2008 voter-approved amendment unconstitutional should be tossed because Walker has since acknowledged that he's gay and in a ten-year relationship with a physician. The San Francisco Chronicle first reported on the rumor that Walker is gay last February.

Lawyers for Protect Marriage, the coalition of socially conservative groups defending the law, argued that Walker should have recused himself because he's in a same-sex relationship and stood to personally benefit from the verdict.

“It now appears that Judge Walker, at the time the complaint was filed and throughout this litigation, occupied precisely those same shoes as the plaintiffs,” attorney Charles Cooper said.

Chief U.S. District Judge James Ware didn't appear convinced by the argument that Walker's sexuality had biased the judge.

“I'm asking you to tell me what fact you would have the court rely on to suggest that Judge Walker wanted to change, not maintain his relationship?” Ware asked.

Cooper conceded that he had no evidence – “There has been no evidence that he has such an interest,” he said at one point – but insisted Walker's silence on his decade-long relationship during the trial created reasonable doubts over the judge's impartiality.

Legal experts don't believe the argument will gain much traction in Ware's chamber.

Chad Griffin, president of the American Foundation for Equal Rights, the group formed specifically to support the case, called the claim “desperate and absurd.”

“They're attacking the judge because they disagree with his decision,” Griffin told POLITICO.com.

Others have noted that Walker and his partner did have the opportunity to marry in 2008 before voters overturned a California Supreme Court decision legalizing the institution but chose not to.