Dr. Rick Scarborough, President of Vision America Action, is calling on Supreme Court Justices Ginsburg and Kagan to recuse themselves from cases challenging same-sex ‘marriage’ bans.
Kagan and Ginsburg have both officiated at same-sex marriages (SSM), Kagan on Sep. 21, 2014 for her former law clerk Mitchell Reich and his ‘husband,’ Patrick Pearsall, and Ginsburg at ceremonies for SSM couples, some of which occurred at the Supreme Court.
Justice Kagan opposed the U.S. Military’s “Don’t Ask, Don’t Tell” policy which barred gays and lesbians from serving in the military. As dean of Harvard Law School she barred military recruiters from the school’s career office. In a recorded appearance on Bloomberg on Feb. 12, 2015, Justice Ginsburg stated that the American people are ready to accept a ruling in favor of same-sex “marriage.”
Scarborough has this response, “It is clear that these Justices are incapable of being neutral on this issue that has the potential to divide country like no issue in my life time and should remove themselves from deciding this case that could radically redefine marriage in America.” Title 28, Part I, Chapter 21, Section 455 of the U.S. 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. The fact that both Justices have presided at same-sex ‘weddings,’ and in Justice Ginsburg’s case, made public statements supporting same sex ‘marriage’ means their ‘impartiality may be reasonably questioned,'” says Scarborough.
“Impartiality of Judges is one of the pillars of American Jurisprudence. Unfortunately, there is no higher authority who can enforce this code on a Supreme Court Justice, which means they have to police themselves. Alabama Chief Justice Roy Moore recently recused himself on a state SSM ruling in Alabama due to having previously expressed his opinion on the subject. Justice Kagan or Ginsburg should disqualify themselves.”
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