If the relationship does not create such a conflict, it nevertheless creates the circumstance "in which the judge's impartiality might reasonably be questioned." That ground for disqualification can be waived by the parties, but the judge must "disclose on the record the basis of the disqualification" and then only continue after the parties have agreed in writing to his continued involvement. No such disclosure and agreement occurred in this case.
Judge Walker's failure to disqualify himself or at least to disclose his potentially disqualifying relationship to the parties requires that the opinion in the case be vacated and a new trial conducted before a different judge. In Liljeberg vs. Health Services Acquisition Corp., the Supreme Court held that the original judgment had to be set aside even when the disqualifying relationship only became known to the parties 10 months after the judgment entered in the case had been upheld on appeal. Where an objective observer would have questioned the judge's impartiality, recusal is required, and the appropriate remedy is to annul the judgment because of the risk of injustice to the parties and of undermining the public's confidence in the judicial process.
The Huffington Post has listed two other cases in which Walker ruled against religious objections to the promotion of gay sexual behavior:
In 1999, he rejected arguments from the parents of a San Leandro boy who claimed their religious rights were violated by pro-gay comments their son's teacher had made in the classroom.
In the other case, he dismissed a free speech claim by two Oakland city employees whose managers had confiscated a bulletin board flier for a religious group that promoted "natural family, marriage and family values." The city had "significant interests in restricting discriminatory speech about homosexuals," Walker wrote in his 2005 ruling.