Idaho v. Freeman

Judge Marion J. Callister, a member and former regional representative of the Church of Jesus Christ of Latter-Day Saints (Mormon Church), presided over a lawsuit brought by Idaho and Arizona (plaintiffs) objecting to Congress’s extension of the ratification period for the Equal Rights Amendment (ERA). The National Organization for Women (NOW), an intervenor in the case, filed a motion to disqualify Judge Callister, alleging that his impartiality might be reasonably questioned because (1) the Mormon Church publicly opposed the ERA and the extension of the ratification period; (2) regional representatives in three states engaged in lobbying efforts opposing the ERA; (3) as a regional representative, Judge Callister had a duty to assist the leadership of the Mormon Church; (4) it was presumed that, in his capacity as a regional representative, Judge Callister promoted the Mormon Church’s opposition to the ERA; and (5) the Mormon Church had excommunicated the leader of a group known as Mormons for ERA. NOW did not contend that disqualification would be required solely because Judge Callister was a member of the Mormon Church. Judge Callister countered that (1) he had ceased being a regional representative six months after the lawsuit was filed, (2) the Mormon Church was not involved in the pending lawsuit or any other lawsuit involving the ERA, (3) regional representatives were uncompensated lay clergy members who trained the presidents of local units of the Mormon Church on leadership skills and priesthood programs, (4) regional representatives did not serve as intermediaries between the local presidents and the high-level church leadership, (5) Judge Callister never publicly gave his opinion on the ERA, and (5) the excommunication of the Mormons for ERA member was not due to ERA support.