Press release ALCU, Lambda Legal, ACLU KY and Fairness KY:
Today Lambda Legal, the American Civil Liberties Union, the ACLU of Kentucky, Kentucky’s Fairness Campaign, and University of Louisville Law Professor Sam Marcosson filed a complaint against Judge W. Mitchell Nance for violating Kentucky’s Code of Judicial Conduct by recusing himself from any adoption proceedings involving lesbian, gay, bisexual people.
In the complaint filed today, Lambda Legal, the American Civil Liberties Union, ACLU of Kentucky, the Fairness Campaign, and University of Louisville Law Professor Sam Marcosson argue that Judge Nance’s order and subsequent letter to the Chief Justice proposing a local rule that would allow him to recuse himself for an entire class of litigants based solely on their sexual orientation violate Kentucky’s Code of Judicial Conduct in two ways: eroding public confidence in the judiciary and failing to perform judicial duties impartially and diligently. Judge Nance cannot be fair and impartial and rule in the best interests of children when he declares an explicit bias against LGB parents. Judge Nance’s order erodes the public’s confidence in the court and demonstrates a prejudice based on sexual orientation that places a procedural burden on LGB parents that is not on other individuals. Because it is clear that he cannot be fair and impartial when it comes to lesbian, gay, and bisexual people, the advocacy groups urge in the complaint that Judge Nance be removed from office.