9th Circuit names three judges who will hear Prop 8 case

Samuel Chu of California Faith for Equality broke the news this morning that the U.S. 9th Circuit Court of Appeals named the three judges who will hear the Prop 8 appeals case, starting at 10 a.m. on Monday, December 6.

The three-judge panel was randomly selected from the pool of 23 judges who serve on the 9th Circuit. Two of the judges were appointed by Democratic presidents and one by a Republican president.

More details, as picked up from California Faith for Equality by SDGLN:

– Judge Stephen Roy Reinhardt. He was confirmed in 1980 after being nominated by President Jimmy Carter. He served in the Air Force. On Nov. 18, 2009, the judge ruled in favor of a gay couple who were having their spousal health care benefits denied – Brad Levenson and Tony Sears were married during the period gay marriage was legal in California during 2008, and was seeking benefits for his partner while working as a public defender for the federal government. Judge Reinhardt also wrote an opinion relating to “standing” in a 1997 case relating to Arizona voters amending the state Constitution to make English the state’s official language. In that opinion written by Judge Reinhardt, the court held that the sponsors of the ballot initiative could intervene. But later that year, the U.S. Supreme Court unanimously thought the Ninth Circuit had “lost sight” of the limitations of federal courts to decide definitively on the meaning of state legislation.

– Judge Michael Daly Hawkins. He joined the court in 1994 after being nominated by President Bill Clinton. He was U.S. Attorney for the District of Arizona from 1977 to 1980 and then as Special Prosecutor for the Najavo Nation from 1985 to 1989.

– Judge Norman Randy Smith. He was confirmed in 2007 after being nominated by President George W. Bush. Born in Logan, Utah, Smith graduated from Brigham Young University with a bachelor’s degree in 1974, and received his J.D. from Brigham Young University’s J. Reuben Clark School of Law in 1977.

“I am hopeful that the 9th circuit court panel will affirm equality and fairness,” said Samuel Chu, executive director of California Faith for Equality, which filed an amicus brief to the court supported by 700 clergy and congregations urging the panel to affirm Judge Walker’s ruling.

“Marriage is a right that every Californian deserve and this is another critical moment for the justice system to add momentum to winning full equality. Our state and our government should never be in the business of discrimination.”