Judge Scott Johansen reversed his order last week to remove the 9-month-old baby from the home of April Hoagland and Beckie Peirce, allowing the girl to stay with the married couple as recommended by state child welfare workers.
But there were concerns he could still have the baby removed from their home in Price, about 120 miles south of Salt Lake City, at a hearing set for Dec. 4.
The couple asked that the judge be disqualified. In an order released Monday, Johansen wrote that while the foster parents do not have legal standing in the case, he is nevertheless stepping aside.
The case will be referred to presiding juvenile Judge Mary Manley.
In his initial decision, Johansen mentioned research showing children do better when raised by heterosexual families. The American Psychological Association, however, has said there’s no scientific basis for believing that gays and lesbians are unfit parents based on sexual orientation.
He removed himself from the case after widespread criticism from national gay rights groups, the Republican governor and others.
A gay rights group has filed a complaint with state judicial officials, and the watchdog group Alliance for a Better Utah on Monday called for state lawmakers to impeach the judge.
Johansen is barred from speaking about pending cases and a call to his publicly listed phone number went unanswered Monday.
The couple’s lawyer did not immediately respond to a message seeking comment on Johansen’s decision to step aside.
Josh Kantor, the founder of the progressive-leaning Alliance for a Better Utah, said the judge’s move would not change the group’s push to get state lawmakers to remove him from the bench.
“This guy now has a pattern of doing these kinds of outrageous things,” Kanter said.
Three years ago, a woman filed a complaint against the judge after he told her to cut off her 13-year-old daughter’s ponytail in court in order to reduce the girl’s sentence for cutting off a 3-year-old girl’s hair.
The Human Rights Campaign has also filed a complaint with the Judicial Conduct Commission, which can recommend a judge’s removal. That group alleged Johansen discriminated against the couple based on sexual orientation and called for a quick decision ahead of the custody hearing next month.
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