Why is He Still In?

Perhaps I'm being simplistic, but the fact that the judge presiding over the case to overturn Proposition 8 is himself gay would seem to have potential to invalidate any ruling he makes. He has a personal stake in the outcome; he could get married if Prop 8 is stricken down. If we are to complain when the former CEO of Halliburton awards the company no-bid contracts to rebuild the nation he just leveled, what to make of a gay judge legalizing gay marriage, regardless of the worthiness of the endeavor and the manifest awfulness of the pro-discrimination side?

This isn't even an evaluation of his character, just a plea for standard jurisprudence: the arbiter should be an unbiased party. It would revive all the anguish of November 2008 to see what looks to be an airtight case be dismissed on an avoidable technicality.

EDIT: Furthermore, having a straight judge would have strengthened the hand for the pro-marriage-equality side: that a heterosexual would have nothing to personally gain or lose in this fight would implicitly vindicate the position that gay marriage would have no impact on heteros.