Proposition 8 Appeals Court Judge Refuses To Recuse Himself

The Associated Press reports that Judge Stephen Reinhardt, randomly selected to be a part of three-judge panel set to hear an appeal on a lower court ruling that found California’s gay marriage ban unconstitutional, Thursday refused to recuse himself from the Proposition 8 case because he is married to Ramona Ripston, the head of the Southern California chapter of the American Civil Liberties Union, who intends to retire from the position in February. Supporters of the gay marriage ban argued in court papers filed Wednesday Judge Reinhardt, a President Carter appointment, would not remain impartial because of his wife’s connection to the ACLU, opponents of Proposition 8. Reinhardt released a brief order reading “I will be able to rule impartially on this appeal and I will do so.” An attorney for ProtectMarriage.com, the organisation pursuing the appeal, said it accepts Reinhardt’s decision and will drop the recuse request, Andrew Pugno saying "Our legal team is focused on the merits of our constitutional defence of Proposition 8. With binding Supreme Court precedent and the will of a strong majority of Americans on our side, we are confident that Proposition 8 and the institution of marriage will ultimately prevail."