Demands begin for Ginsburg, Kagan to recuse themselves from gay marriage case

In the wake of Friday’s decision by the Supreme Court to take a gay marriage case that could settle the question nationally once and for all, traditional marriage activists are calling for two of the court’s most liberal judges to recuse themselves.

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Justices Ruth Bader Ginsburg and Elena Kagan have each officiated at gay weddings, which traditional marriage supporters say destroys their pretense of impartiality on such an important case. While former Justice Sandra Day O’Connor also officiated at a gay wedding, Kagan and Ginsburg are the only two sitting justices who have done so, according to the liberal Huffington Post.

And that distinction is enough for traditional marriage activists to demand they recuse themselves.

“Both of these justices’ personal and private actions actively endorsing gay marriage clearly indicate how they would vote on same-sex marriage cases before the Supreme Court,” the Defenders of the Catholic Faith website argued in a blog item Monday.

“In order to ensure the Court’s integrity and impartiality, Justices Kagan and Ginsburg must recuse themselves from same-sex marriage cases.”

In a statement, the American Family Association went even further:

“Both have performed sodomy-based “wedding” ceremonies. Kagan performed her first one on September 22 of this year, and Ginsburg has done the deed multiple times, including at least one in the Supreme Court building itself. Thus they have clearly tipped their hand by their actions as well as their words. They have publicly demonstrated that their minds are already made up on the issue. It is inconceivable that either of them now would vote against the “marriages” they themselves have solemnized. They would stand self-condemned.”

Considering Ginsburg’s past, unapologetic liberal positions – not to mention her annoying habit of reading her opinions from the bench – a recusal of either justice is unlikely, and federal code makes it a matter of the justices’ discretion.

However, the blog item cites federal code that covers circumstances where a federal judge “shall disqualify himself.”

The circumstances involved are generally financial, but one sticks out pretty clearly: “Where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding.”

Given Ginsburg and Kagan’s participation in the actual ceremonies at issue in the very case the Supreme Court will decide on, the evidence of their personal bias is overwhelming to any rational observer – liberal or conservative.

They’re libs, though, so the rules they play by are their own.

Joe Saunders

Joe Saunders, a 25-year newspaper veteran, is a staff writer and editor for BizPac Review who lives in Tallahassee and covers capital and Florida politics. Email Joe at [email protected].

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