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Thursday, Dec 2, 2010 9:30 PM UTC

Prop. 8 appeal to go before judge with ACLU connections

Despite objections by gay-marriage opponents, 9th Circuit Judge Stephen Reinhardt will not recuse himself

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Topics: Gay Marriage,

An attempt to oust a liberal judge from hearing a landmark gay marriage case in California ended Thursday almost as quickly as it began.

Judge Stephen Reinhardt of the 9th U.S. Circuit Court of Appeals denied a request that he recuse himself from the case because his wife, Ramona Ripston, is a former head of the American Civil Liberties Union’s Southern California office.

The ACLU is an outspoken opponent of Proposition 8.

Supporters of the gay marriage ban argued in court papers Wednesday that the judge appointed by President Carter would have trouble remaining impartial because of his wife’s link to the ACLU.

They noted Reinhardt had recused himself in the past when the ACLU was involved in cases before him and asked him to step down from the three-judge panel considering their appeal of a lower court decision striking down the gay marriage ban.

“I will be able to rule impartially on this appeal, and I will do so,” Reinhardt said in his brief order.

Hours later, Andrew Pugno, a lawyer for the organization ProtectMarriage.com that’s pursuing the appeal, said it accepts Reinhardt’s decision and will drop the recusal attempt.

“Our legal team is focused on the merits of our constitutional defense of Proposition 8,” Pugno said. “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.”

Reinhardt, who most famously voted with the majority in ruling the Pledge of Allegiance’s “under god” clause violated the Constitution, and Judges N. Randy Smith and Michael Daly Hawkins are scheduled to hear two hours of oral arguments in San Francisco on Monday.

A ruling is expected later in the case most observers and participants believe is destined for the U.S. Supreme Court.

Paul Elias

More Paul Elias.

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  • The protests take on a festive element as police forces move out of the park and square. Wearing a gas mask, this young man dances to traditional Turkish music in front of Taksim Square’s Ataturk Monument.

  • In Gezi Park since March 31st, this protester, originally caught off-guard by the Government’s teargas and water cannons, went out and bought a Russian army mask from WWII, preparing for what was to come.

  • This rambunctious boy seems to be enjoying the chaos. After taking this picture he threw a stone at the already destroyed building in the background.

  • Forming a line, the police face off directly with protesters in Taksim Square. After a while, they retreated and there was a general cheer – a back-and-forth dance that has been common since the beginning of this protest.

  • An elderly woman in Gezi Park reads the news. The tent community occupying the park was violently destroyed on June 16th.

  • Many different groups had set up booths to promote their cause in Taksim Square and Gezi Park. Standing in front of one, this man waves his flag while posing with conviction.

  • Many home-remedies are used to minimize the effects of tear gas. This woman has put a milky solution on her face, removing her mask after the tear gas dissipated. Before sunrise, the police came again for another round of teargasing.

  • People capitalize on the uprising -- selling flags, beer, gas masks, sky lanterns and spray paint to name just a few of the popular items.

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  • The authorities seem to be most aggressive in the night, pushing protesters away from the square and park. After being teargassed this young woman catches her breath with other protesters on Siraselviler Street.

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