MONTGOMERY, Ala. — A Christian legal organization is calling for the recusal of two United States Supreme Court justices from a possible upcoming case involving the right of states to ban same-sex “marriage” since the women have officiated over homosexual ceremonies themselves.
The announcement comes after liberal Justice Elena Kagan, nominated to the bench by Barack Obama, officiated her first same-sex “wedding” on Sunday, participating in a ceremony for her former law clerk Mitchell Reich and his partner Patrick Pearsall. The event was held in Chevy Chase, Maryland, a suburb just outside of the nation’s capital.
“Justice Kagan’s actions are especially improper,” Kayla Moore of the Alabama-based Foundation for Moral Law wrote in a press release on Tuesday, “because she performed this same-sex marriage while a case concerning same-sex marriage is pending before the Supreme Court.”
Justice Ruth Bader Ginsberg, nominated to the bench by Bill Clinton, officiated a ceremony last year, where she presided over an event for Kennedy Center President Michael Kaiser and his partner John Roberts.
“I think it will be one more statement that people who love each other and want to live together should be able to enjoy the blessings and the strife in the marriage relationship,” she said prior to the occasion, according to the Washington Post.
Ginsberg also stated during a recent appearance in Minnesota that if the 6th Circuit Court of Appeals rules that states are permitted to ban same-sex “marriage” within their borders, that “there will be some urgency” to send the matter to the attention of the Supreme Court. Otherwise, she said, “there will be no need for us to rush.”
The court is currently considering an appeal from the state of Utah, for which the Foundation for Moral Law has filed an amicus brief. Officials in Virginia and Oklahoma have filed petitions to the court as well.
“By performing same-sex marriages, Justices Kagan and Ginsburg have clearly indicated how they will vote in Utah’s case,” Moore, the wife of Alabama Supreme Court Justice Roy Moore, stated.
She noted that the Code of Conduct for United States Judges, Canon 3(A)(6), outlines that “[a] judge should not make public comment on the merits of a matter pending or impending in any court.”
“[Ginsberg’s statements] not only tip the court’s hand as to how she will vote, but they also constitute a warning to lower courts that they had better rule in favor of same-sex marriage or the court will step in and reverse them,” Moore said, “And the words ‘no need for us to rush’ imply that she was speaking not only for herself but for the rest of the court.”
But she also remarked that officiating at a same-sex ceremony can also serve as “public comment.”
“Officiating at a same-sex wedding involves not only comment but also actions that speak louder than words and creates at least an appearance of impropriety,” Moore opined. “Litigants, lawyers, and the American public can have no confidence in the court’s impartiality unless Justices Kagan and Ginsburg recuse themselves from same-sex marriage cases.”
Many legal organizations believe that the matter of state’s rights surrounding same-sex “marriage” will ultimately be decided by the Supreme Court.
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