Cooper conceded he did not know Walker's outlook on marriage. Still, he insisted the judge's failure to reveal the relationship until 10 months after his ruling made his silence suspect and his marriage plans an appropriate subject of inquiry.

During the lengthy back-and-forth that followed, Ware asked: "So if a reasonable person thought a black judge should recuse himself from a civil rights case, that would be enough?"

Cooper replied: "No, your honor."

Ware asked why not.

"A reasonable person would not consider that black judge, any more than a white judge, for that reason alone someone biased or impartial," the lawyer said.

"I agree with you," Ware said. "Our test of reasonableness in our country will not allow us to discriminate on the basis of race, gender or sexual orientation."