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-SCOTUS: Should Two Justices Recuse Themselves From the Same-Sex Marriage Case?

by Dr. D ~ March 4th, 2015


Two Supreme Court Justices have gone out of their way to demonstrate their opinions on same-sex marriage by actually officiating at gay weddings. Should they recuse themselves from the upcoming same-sex marriage case?

Here’s an article about this situation from the Christian Post:

…In April, the Supreme Court will hear arguments in an appeal from the Sixth Circuit regarding the constitutionality of state constitutional bans on same-sex marriage.

Calls have been made by some conservative groups for Justices Elena Kagan and Ruth Bader Ginsburg to recuse themselves from the case because they’ve officiated gay weddings. …

Regarding the calls for Kagan and Ginsburg to recuse themselves, Loewentheil (Columbia Law School) replied that there "is no reason for Kagan or Ginsburg to recuse themselves from the case regarding state-level gay marriage bans."

"The justices in question performed an act, at the request of a third-party, which was lawful in the state where and when it was performed," Loewentheil said.

"They have no financial interest or other inappropriate stake in the outcome in the case, and have no obligation to recuse themselves."

<Read the whole article>

Response: It is obvious that these two justices at the very least already have a well formed opinion on same-sex marriage or they would not have participated in the ceremonies.

Should Kagan and Ginsburg recuse themselves? Yes. Their actions were an ‘in-your-face’ participation in the very act coming up for review before the court. They very well knew what they were doing and they were obviously thumbing their noses at the opposition- outrageous!

The legal opinion in the article coming from legal experts at several major law schools is that they do not need to recuse themselves. However the reputation of those institutions of higher learning is that they are quite progressive and leftist in their leaning so also would probably be rather biased toward accepting same-sex marriage.

You could bet the farm that if conservative justices telegraphed and demonstrated their own opinions on the conservative Christian side by participating in a very act coming up for review in another case before them that the very same law professors would be calling for them to be disqualified. Then the drum beat of the press would continue unabated hounding all the folks involved and everyone else in the media until it was a done deal.            *Top

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