Perry v. Schwarzenegger
United States Court of Appeals for the Ninth Circuit
630 F.3d 909 (2011)
- Written by Tammy Boggs, JD
Facts
The underlying action involved the constitutionality of a California proposition, Proposition 8, that invalidated same-sex marriages. On appeal, a proponents of Proposition 8 (the proponents) (defendants) filed a motion to disqualify Judge Stephen R. Reinhardt from the appellate panel based primarily on views held by his wife. Reinhardt had been married for 20 years to the executive director of the Southern California branch of the American Civil Liberties Union (ACLU). His wife had made public statements regarding her beliefs, both personally and as a representative of the ACLU. The ACLU advocated generally on various social issues, including on the issue of same-sex marriage. However, the ACLU was not a participant in the case before Reinhardt. The proponents argued that the judge must recuse himself from the case under specified provisions of the federal disqualification statute, 10 U.S.C. § 455, because (1) his impartiality might reasonably be questioned and (2) Reinhardt’s wife had a vested interest in the outcome of the matter within the meaning of the statute.
Rule of Law
Issue
Holding and Reasoning (Reinhardt, J.)
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