Quickly following on the heels of an announcement of which 9th Circuit judges would here the federal appeal of Perry v. Schwarzenegger, a suit challenging the constitutionality of CA’s gay marriage ban, Proposition 8, same-sex marriage opponents filed a motion asking Judge Stephen Reinhardt to recuse himelf from the case. They question his ability to impartially hear the case, given that his wife heads the Southern California chapter of the ACLU, which had opposed Proposition 8 from the beginning.
Today, Reinhardt said “thanks but no thanks.”
In his own words: “I have before me defendants-intervenors-appellants’ motion to disqualify myself from this appeal. I have not hesitated to recuse from cases in the past when doing so was warranted by the circumstances . . . I am certain that “a reasonable person with knowledge of all the facts would [not] conclude that [my] impartiality might reasonably be questioned.” United States v. Nelson, 718 F.2d 315, 321 (9th Cir. 1983). I will be able to rule impartially on this appeal, and I will do so. The motion is therefore DENIED.”
Read the whole story HERE.