Protect Marriage has filed a formal request for the recusal of Ninth Circuit Court of Appeals Judge Stephen Reindhardt, who is scheduled to be part of the three judge panel hearing the appeal of Proposition 8 on Monday. As I noted yesterday morning, at issue is Reinhardt’s wife and her involvement with the No On 8 campaign via her job with the ACLU.
In papers filed with the 9th U.S. Circuit Court of Appeals in San Francisco, lawyers for Proposition 8′s supporters said Judge Stephen Reinhardt’s “impartiality might reasonably be questioned” because his wife heads the Southern California chapter of the American Civil Liberties Union. In that role, the judge’s wife, Ramona Ripston, has been an outspoken opponent of Proposition 8 and taken part in legal proceedings to overturn the voter-approved law, the lawyers said. They cited the friend of the court brief the ACLU filed on behalf of the plaintiff’s in the case pending before her husband as an example.
According to the above-linked story, Reinhardt has recused himself from past cases involving the ACLU.