LOUISVILLE (WHAS11) -- A Kentucky judge is making headlines around the world for recusing himself from any future adoption cases involving same-sex couples.
Judge W. Mitchell Nance is a Family Court judge in Barren and Metcalf counties. Late last week he filed orders recusing himself as "ethically required" because he has conscientious objections to adoptions to same-sex couples.
Since he filed that order, many have asked questions about whether the judge is acting within the law.
The biggest question asked following the recusal order filed by Judge W. Mitchell Nance is whether a judge can recuse him or herself from cases involving an entire class of people?
We reached out to the Kentucky Administrative office of the Courts and Kentucky Judicial Conduct Commission who both suggested that an answer would require a legal decision they were unable to offer.
But Judicial Conduct Commission Chairman Stephen Wolnitzek suggested a legal ethics expert which we found in Sam Marcosson of the University of Louisville’s Brandeis School of Law.
Professor Marcosson said that it's not only possible that a judge can recuse him or herself, it's required by law, but that decision can lead to much larger questions."
“So it is a requirement and it is the right thing to do if Judge Nance concluded that his personal beliefs were inconsistent with the legal obligations that required him grant adoptions to LGBT petitioners,” said Professor Marcosson. “But the question that then raises is, if he can't apply the law fairly and impartially when it comes to gay and lesbian adoption petitioners, can he be fair and impartial to LGBT people who come before him in other matters as well? So knowing he has to recuse himself does that call into question his ability to sit as a judge in all sorts of matters other than adoptions beyond what this recusal order says?”
"Professor Marcosson said judges in other states who have denied marrying same-sex couples have been disciplined in their states. That discipline can come from organizations like Kentucky's Judicial Conduct Commission. A spokesperson would not confirm or deny that they have had any complaints, so far, on Judge Nance's order.
The spokesperson did verify that anyone can file a complaint with the commission even if they do not live in Kentucky.
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Professor Sam Marcosson of the University of Louisville’s Brandeis School of Law
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