Judge Resigns After Facing Ethics Charges for Recusing Self From Same-Sex Adoption Cases

Judge W. Mitchell Nance submitted a resignation letter effective December 16th, on Thursday to Kentucky Gov. Matt Bevin.  Earlier this year, Judge Nance stated that he would recuse himself from hearing any same-sex adoption cases which in tern led to the state’s Judicial Conduct Commission  charging  him with ethics violations over his recusal.

His attorneys stated that the charges leveled against him are subsequently moot. “Same-sex adoptions present a unique crisis of conscience for Judge Nance,” they wrote, and conflict with “his conscientious religious objection to a child’s adoption by a same-sex couple,” according to a response to the charges obtained by the Glasgow Daily Times.

According to reports, the ACLU of Kentucky, Lambda Legal, the Kentucky Fairness Campaign and University of Louisville, in April,  professor Sam Marcosson submitted the complaint to the commission after Nanc’e statement as a “a matter of conscience” he believed he needed to recuse himself from any further same-sex adoption cases.

He outlined that as a Christian, “under no circumstance” does he believe that a child’s best interests would be served in family without both a mother and a father.

Nance also asked that attorneys notify him in advance if their case involved such a topic so he could recuse himself.

He told reporters that he has had two same-sex adoption cases come before his court over the past 14 years: For the first, he recused himself, and for the second, he ruled in favor of the parents. After the second situation, he decided to permanently recuse himself from such matters.

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