SAN FRANCISCO — Ninth Circuit U.S. Court of Appeals Judge Stephen Reinhardt today said he wouldn’t recuse himself from the Proposition 8 case set to be argued Monday. In a short order responding to a motion filed by Prop 8 proponents Wednesday night, Reinhardt said he can and will be impartial in the case.

The motion cited his wife Ramona Ripston’s longtime role as the executive director of the ACLU of Southern California and contended that she conferred with the plaintiffs before the suit was filed, has generally advocated for gay marriage, and that her office sought to intervene in and filed an amicus curiae brief in the litigation before U.S. District Judge Vaughn Walker.