The most recent and probably last hearing in the case of California’s Proposition 8 may lead to good news for gay rights activists, as the Ninth Circuit Court of Appeals seemed unimpressed with arguments against Judge Vaughn Walker’s decision.

There are two issues at stake here. First, activists fighting Prop 8 are arguing that the tapes of the trial be released to the public. David Thompson, arguing for Prop 8, said witnesses would be harassed if the tapes were released, but this didn’t seem to sway the court.

Second, debates have roared over whether or not Judge Walker’s ruling of Prop 8 as unconstitutional should stand because of his “bias” as an openly gay man in a long-term same-sex relationship. Pro-Prop 8 activists like lawyer Charles Cooper say he had a a stake in the case. The counter-argument was brilliant:

AFER’s David Boies rebutted Cooper’s arguments, asking the Ninth Circuit panel whether a heterosexual judge committed to opposite-sex marriage would have to disclose that information or recuse himself or herself. Boies added that the Prop. 8 supporters are singling out minority judges and holding them to different standards. Therese Stewart with the City and County of San Francisco then argued against dismissal of Walker’s decision, citing numerous examples of judges sharing interests with a large group and not being disqualified.

“This is not an argument that all gays should be recused because they’re gays,” Judge Stephen Reinhardt said to Stewart.

Stewart responded, “It’s awfully close, your honor.”

A decision on Prop 8 could come at any time now, so stay tuned for updates. Let’s get this thing repealed once and for all.