• Source: Flickr
  • Anti-Gay Group Demands Liberal Supreme Court Justices Recuse Themselves From Gay Marriage Case

    One of the nation's top anti-gay groups has issued a call demanding Ruth Bader Ginsburg and Elena Kagan recuse themselves from an historic same-sex marriage case.

    The American Family Association has issued a call claiming two liberal Supreme Court justices should recuse themselves from ruling on the same-sex marriage cases the Court just accepted Friday.

    "Kagan and Ginsburg: Recuse Yourselves!" reads the press release. "Supreme Court Justices Elena Kagan and Ruth Bader Ginsburg should recuse themselves from making any same-sex marriage decisions because they have both conducted same-sex marriage ceremonies," it adds.

    Other Supreme Court justices have officiated at different-sex weddings, so its unclear why officiating at a legal same-sex wedding should make any difference.

    But the American Family Association, home to social grenade thrower Bryan Fischer, rarely makes logical arguments. And now, its president, Tim Wildmon, is making a false one.

    “Congress has directed that federal judicial officers must disqualify themselves from hearing cases in specified circumstances," Wildmon writes in the release. "Both Kagan and Ginsburg have not only been partial to same-sex marriage but they have also proven themselves to be activists in favor of it. In order to ensure the Court’s integrity and impartiality, both should recuse themselves from same-sex marriage cases. Congress has an obligation to Americans to see that members of the Supreme Court are held to the highest standards of integrity. The law demands it, and the people deserve it."

    The only problem with Wildmon's statement is it's inaccurate. Supreme Court justices are not bound by any rule or law to recuse themselves, although many have at different times, including Justice Kagan, out of a sense of propriety and duty.

    But Wildmon also insists that "concerned Americans write a letter to their members of Congress urging them to call on Justices Kagan and Ginsburg to recuse themselves from any same-sex marriage cases, as their previous actions in performing same-sex ceremonies raise more than a reasonable doubt regarding their impartiality on this issue."

    Of course, Justices Antonin Scalia and Clarence Thomas, at the very least, have made quite clear how they will rule on same-sex marriage, so by Wildmon's reasoning, as flawed as it is, they should recuse themselves as well.

    Calling it a "desperate attempt," Jeremy Hooper at Good As You notes that Justices Ginsburg and Kagan "don't have some sort of unfairly obtained knowledge, financial investment, close relatives involved in the cases, or other conflicting interest. The judges are Americans who have every right to participate in society. They are perfectly free to have opinions about existing law. And of course they are just as allowed to enjoy and engage in lawful activities as any other American."

    Via Twitter, Hooper and others offered these comments:

     

    Image via Flickr 

    Get weekly news & updates
    Subscribe
    Support our work DONATE



    Register to VOTE

    Showing 9 comments

    Please check your e-mail for a link to activate your account.

    • commented 2015-01-19 21:01:35 -0500
      This is a tremendously great move on the part of the AFA, clearly demonstrating their position on Civil Legal Matters. Our Secular nation is not recognized as a secular nation by the AFA. Every action they are involved in, is to crush those whom they disapprove, those who are not living within their choice in religiosity. Tony Perkins, Bryan Fischer are both anti-American, and the more they make these moves, the more obvious it becomes. They lie, constantly, lie. Evil men. When they no longer have ‘The Gays’ as their primary ‘big cash funding campaign, already dwindling rapidly, they’re in big trouble as their incomes will no longer be sustainable. Hate = Income.

    • commented 2015-01-19 19:21:29 -0500
      American Family Association and Bryan Fischer are two of the most spite-filled, hate-filled, illogical and uneducated groups in the USA that still claims that they speak for “the family” and Americans. These two dinosaurs ignore that more than 52% of all polled Americans nationwide support same-sex marriages and that number is higher in more educated communities and states such as Minnesota, California, New York, etc. Numerous psychological studies show that it is unnecessary to have a father and a mother in a house to raise children, especially since one parent works more than the other and many fathers are regularly absent. Studies show that same-sex parents tend to be more loving, prone to help children with their homework and more attentive to the needs of the children of the family. Mark Regnerus has long been discredited, and countered by leading psychologists and family specialists around the world.

      I do not know of a single paper or argument coming from the American Family Ass. or Fischer that has any substantial value and none have been peer reviewed. American Family Ass. has been designated officially as an hate organization, while Fischer lacks all credentials that are verified by any academic group. These two are imposters.

      If Kagan and Ginsberg were to be disqualified from sitting on the court, then so too much Thomas, Scalia and Alito as all have openly vowed to stop same-sex marriages. To disqualify any (which is not the right of anyone but the individual considered) would require disqualify all who expressed an opinion and the remaining four judges most likely would still rule in favor of same-sex marriages.

    • commented 2015-01-19 18:43:10 -0500
      By The American “Fools” Association asking Judges Kagan and Ginsburg to recuse themselves just proves how desperate the AFA really are! They know they’re not going to like the outcome and are reaching for straws.. These bigots should just move on to an issue that would help the ills of society and not get involved with an issue that doesn’t effect them!

    • commented 2015-01-19 16:28:56 -0500
      Who really didn’t see this coming the moment that SCOTUS took the case?

      The truth is that no SCOTUS justice has to recuse themselves for any reason. Its peer pressure more than anything else they are subject to. The Chief Justice can ask them to, but why would he in this case.

    • commented 2015-01-19 16:22:20 -0500
      Meanwhile, Scalia and Thomas call themselves DEVOUT CATHOLICS, and their alleged spiritual leaders tell their SOULS that gay people getting married will harm them, their straight “marriages” and everything they hold dear.

      Meaning it is THEIR side that cannot deny a sincere RELIGION-FIRED bias.

      All LGBTs want in this is ’equality and justice for all American citizens.

      Doesn’t take a legal scholar to see the antigag trainweck ahead;
      I hope these antigays push hard on this because, given that antigays “think their souls are on the line”.

      This antic is poised to backfire just as spectacularly as everything ELSE antigay “religionists” keep trying to date.

      They bury themselves.

      Which is nice.

    • commented 2015-01-19 15:57:49 -0500
      Edit that:
      Ban all jeeeZusss-bleating bible-babbling Christians and their sympathizers.
      ..

    • commented 2015-01-19 15:53:58 -0500
      Ban all Christians from judicial deliberations that address LGBT cases.

    • commented 2015-01-19 15:00:20 -0500
      The American Fools Association should be recusing themselves from living in this country. They are a total waste of the planet’s resources (air, water, etc)

    Your rights, your movement.
    Join today:
    Your rights, your movement.
    Join today: