Justices Ginsburg, Kagan have taken public stance in favor of same-sex marriage
Should U.S. Supreme Court justices who effectively endorsed same-sex marriage by officiating at such ceremonies be ruling on whether or not the Constitution grants states the right to ban them?
Justice Ruth Bader Ginsburg performed a same-sex marriage in Washington, D.C., in August 2013. Justice Elena Kagan officiated at a same-sex marriage for her former law clerk and his partner last September.
Herbert Titus, a nationally recognized constitutional authority, is quoted as saying the two justices must have known at the time that it was almost inevitable for the issue to be put to the Supreme Court, “yet they went ahead and put their official imprimatur on same-sex marriage.” Titus said the likely response from the justices will be that they believe that they can be neutral on the issue of same-sex marriage.
“It tells you an awful lot about the culture,” he continued. “These people are immersed in the homosexual culture to the point they would step out of their role as a justice to officiate in a wedding that would put them in a position of lending their name and prestige to same-sex marriage when they had every good reason to believe the issue would be before the court.”
April 28 is the day the Supreme Court will hear arguments in an appeal from the Sixth Circuit regarding the constitutionality of state constitutional bans on same-sex marriage. A helpful guide intended for fledgling reporters covering the challenges can be read on the SCOTUS blog.
The American Family Association (AFA) provides a way for citizens to tell their congressional representatives that both Ginsburg and Kagan need to recuse themselves from the case.
“U.S. Supreme Court Justices Elena Kagan and Ruth Bader Ginsburg should recuse themselves from any cases involving the homosexual marriage issue on the basis that they have conducted same-sex marriage ceremonies,” the campaign letter states.
“A Justice of the Supreme Court is called on to avoid the appearance of bias—especially on a highly controversial and sensitive issue that is currently before the Court,” said Rev. William Owens, president and founder of CAAP. “And yet, both Justice Ginsburg and Justice Kagan have taken a public stance in favor of same-sex marriage, even going so far as to officiate at a same-sex wedding.”
“Not only is this a breach of ethics, but it calls into question the integrity of the Court and the supposed balance that the judicial branch is meant to provide in constitutional interpretation. It is beyond objectionable that no action has yet been taken to ensure that the case will be adjudicated fairly. And so it falls to us, the people, to take action. CAAP is launching a petition urging Justices Kagan and Ginsburg remove themselves from decision-making on this issue and prevent a crisis brought on by the taint of a biased judiciary.”