What exactly would be impartial?

So, the Prop 8 supporters are all up in arms because the judge that struck down California's gay marriage ban is actually --- a gay man.  Judge Walker, a 67-year-old Republican appointee, declared Proposition 8 to be an unconstitutional violation of gay Californian's civil rights last summer. He retired in February.  This month he told "courthouse reporters about his 10-year relationship" with a man.


Lawyers for Protect Marriage, the coalition of religious and conservative groups that sponsored Proposition 8, filed a motion in San Francisco's U.S. District Court, arguing that Chief U.S. District Judge Vaughn Walker should have removed himself from the case or at least disclosed his relationship status because his "impartiality might reasonably be questioned."  (CBSNews.com)


But, what would be impartial?  If a married, straight, religious or conservative judge sat on the bench for the appeal, would that be impartial?  Well, Protect Marriage probably wouldn't have a problem with it.


All asexual judges please report to the appellate court.  Thank you.