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New demand for Kagan, Ginsburg to recuse from landmark case

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U.S. Supreme Court Justice Ruth Bader Ginsburg

Two U.S. Supreme Court justices who effectively endorsed same-sex marriage by officiating at ceremonies will be ruling on whether or not the Constitution gives states the right to ban it.

A newly launched campaign, however, is raising questions about the justices’ controversial actions, contending they should recuse themselves from the case.

Arguments and legal briefs already are lining up against each other after the court announced it would review the 6th Circuit Court of Appeals decision that affirmed the right of residents of Michigan, Ohio, Tennessee and Kentucky to set limits on marriage.

The 6th Circuit opinion, written by Judge Jeffrey Sutton, so far has been the only one of five appellate decisions to affirm the right of states to set standards for marriage, which is not defined in the U.S. Constitution.

But now a campaign by the American Family Association is publicizing the fact that both Justice Elena Kagan, appointed by Barack Obama, and Justice Ruth Bader Ginsburg, the longtime leader for progressivism on the bench, have officiated at same-sex ceremonies.

The AFA campaign offers way for citizens to tell their representatives in Congress that the two justices shouldn’t rule on 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.

Kagan performed a Sept. 21 same-sex marriage for her former law clerk, Mitchell Reich, and his partner, in Maryland. Ginsburg performed a same-sex marriage at the Kennedy Center for the Performing Arts in Washington, D.C., in August 2013, the campaign said.

“Both of these justices’ personal and private actions actively endorsing gay marriage clearly indicate how they would vote on same-sex marriage cases already before the Supreme Court,” AFA said.

But there’s a simple solution, AFA explains.

“Congress has directed that federal judicial officers must disqualify themselves from hearing cases in specified circumstances. Title 28, Section 455 of the United States Code states ‘any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.’

“Both Kagan and Ginsburg have not only been partial to same-sex marriage, they have proven themselves to be activists in favor of it! … Urge your members of Congress to privately and publicly call on Justices Kagan and Ginsburg to properly and legally recuse themselves from cases involving same-sex marriage.

The Supreme Court did not reply to WND’s request for comment on the recusal issue.

Fox News reported Kagan, last September, officiated at the same-sex wedding in Maryland for former law clerk Reich and “husband” Patrick Pearsall.

At the time, Supreme Court spokeswoman Kathy Arberg said retired Justice Sandra Day O’Connor also had officiated at a same-sex ceremony. The event was held in 2013 in the lawyer’s lounge at the Supreme Court building.

NPR reported Ginsburg officiated in August at a ceremony for Michael Kaiser of the John F. Kennedy Center for the Performing Arts and government economist John Roberts.

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U.S. Supreme Court Justice Elena Kagan

Herbert Titus, of counsel to the law firm of William J. Olson, P.C., and a nationally recognized constitutional authority, said the concern is not about the retired O’Connor but about the sitting justices.

Written by BOB UNRUH
Read more at WND

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