Antigay Family Research Council president Tony Perkins (pictured) says he thinks Prop. 8 judge Vaughn Walker should have recused himself from the case because he's gay.
Perkins said on Sunday's Face the Nation that he thinks the U.S. district judge's decision was compromised by the fact that he is "openly homosexual."
"I think what you have is one judge who thinks he knows -- and a district-level judge and an openly homosexual judge at that -- who says he knows better than not only 7 million voters in the state ofCalifornia but voters in 30 nations across the nation that have passed marriage amendments," said Perkins. "This is far from over.
"Had this guy been ... an evangelical preacher in his past there would have been cries for him to step down from this case," he added. "So I do think [his homosexuality] has a bearing on the case. But this is not without precedent."
Perkins appeared on the show with plaintiffs' attorney David Boies, who last week said he felt confident the U.S. Supreme Court would hear the case.
Meanwhile, Boies's co-counsel Ted Olson appeared on Fox News Sunday morning to explain why banning same-sex marriage is unconstitutional.
In a landmark decision, Walker overturned California's same-sex marriage ban last Wednesday.
