The defendants appealed to have the judge recused due to his wife's position as head of the ACLU/SC, in a case related to same-sex marriage. However, the judge denied the motion, stating that his wife's views are irrelevant to his impartiality, and he has a policy to avoid conflicts of interest. The Proponents argued that the judge should recuse himself, but the judge explained that recusal is not necessary simply because a relative was involved in other litigation related to the same general subject matter. The judge concludes that § 455(a) does not require recusal in this case because none of the criteria for recusal based on a family member's involvement in a case under § 455(b)(5) applies.

Perry v. Schwarzenegger (2011)
United States Court of Appeals for the Ninth Circuit
630 F.3d 909

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