Another ethics expert, Monroe Freedman of UC Hastings College of the Law in San Francisco, said Reinhardt's participation would probably hurt the court's credibility among people who are already suspicious of most government actions. But he said Reinhardt is on solid legal ground.

After a period of confusion about ethical standards for husbands and wives in legal professions, "the law has come to treat spouses as separate people," Freedman said. He said Ripston's advocacy for same-sex marriage should not be attributed to Reinhardt.