Monday, 20 November, 2017

Kentucky judge is under pressure; won't hear gay adoptions

Kentucky judge is under pressure; won't hear gay adoptions Kentucky judge is under pressure; won't hear gay adoptions
Kenny Thornton | 17 May, 2017, 11:30

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, and bisexual people.

Calling it a "a matter of conscience", Judge Nance says he will not hear cases involving a "practicing homosexual" who wants to adopt because "under no circumstance" would it be in "the best interest of the child." nance noted his religious beliefs in his announcement.

"A recusal exists so that judges can remove themselves from cases when they have personal investment or interest in the case, whether they know a party personally or if they have a personal financial interest. He will deal with cases one way when there are heterosexual couples or opposite-sex couples before him and he handles a case another way when they are LGBT individuals or couples", she said.

The ruling also emphasized that people whose religious doctrines forbid condoning same-sex marriage must be given "proper protection as they seek to teach the principles that are so fulfilling and so central to their lives and faiths".

Nance, who ran unopposed in 2014 and won another 8-year term, says he's doing the right thing by admitting his bias and thus recusing himself from these cases.

"Judge Nance's acknowledgement that he is incapable of being fair to certain individuals due to their sexual orientation and on the basis of a demonstrably false stereotype establishes that he is incapable of performing the essential duties of his office", said William Sharp, ACLU of Kentucky Legal Director.

President Moon Jae-in's special envoys to US, Japan to depart Wednesday
The spokeswoman said that Lee's visit represents the new government's will to communicate with Beijing and its emphasis on China-South Korea relations.

But now the ACLU and other groups have complained to Kentucky's judicial disciplinary commission about Nance.

A spokeswoman for Nance told LawNewz.com his office would no longer comment on the issue after his April order.

He said he issued the order so that adoption cases involving gay parents could be directed to another judge without additional delay caused by recusal hearings.

"And we can't imagine how the groups now trying to unseat him can claim to be in favor of tolerance and diversity while at the same time trying to hound from office public officials who don't agree with their politically correct ideology".

The complaint asks the commission to remove Nance from office.

The complaint was filed with the Kentucky Judicial Conduct Commission according to a press release issued by ACLU on Tuesday morning. Violations are punishable by reprimands, suspensions or removal from office.

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