Judge Vaughn Walker, the man soon set to rule on the landmark Federal case over same-sex marriage in California is, himself, gay.

The San Francisco Chronicle reports that the 65-year-old jurist “has never taken pains to disguise – or advertise – his orientation”.

“There is nothing about Walker as a judge to indicate that his sexual orientation, other than being an interesting factor, will in any way bias his view,” Kate Kendell, head of the National Centre for Lesbian Rights, told the newspaper, citing his “conservative – albeit libertarian – reputation”.

State Senator Mark Leno, who represents California’s 3rd Senate district, and who is the first openly gay man to serve in the Senate, said that Walker’s sexual orientation is a non-issue.

“I have great respect for Judge Walker, professionally and personally,” he said.

Walker has not spoken to the media about his sexuality, or about the case. The newspaper confirmed that Walker did not seek out the Proposition 8 case – it was assigned to him randomly.

If Walker decides that Prop 8 was unconstitutional, conservatives will no doubt take the matter to the federal appeals court and the U.S. Supreme Court, if required. It is likely that Walker’s sexuality will be very much a talking point in the media if he finds in favour of gay marriage.