How Gay Rights Activists Could Lose Supreme Court Battle


When you examine the fall of a number of empires throughout history, a number of them fell from the moral decay of their society. Once the morals are compromised that empire embraced many sinful lifestyles and actions, they begin to compromise on everything else until eventually their society collapsed in on itself and the United States is not immune to the same fate.

Now the battle of homosexual marriage is moving to the US Supreme Court. When I heard that the high court had taken the case that challenges the bans of homosexual marriage in four states, I figured that before they ever hear the case there is all likelihood that the vote is 4 to 4 with Chief Justice John Roberts waffling in the middle.

However, If Bryan Fischer with BarbWire.com is right, there may be hope that the gay rights community could lose the Supreme Court case. Fischer writes:

“Supreme Court justices Ruth Bader Ginsburg and Elana Kagan must recuse themselves from the upcoming decision on homosexual marriage.”

“The reason is simple: their impartiality on the matter has been hopelessly compromised.”

“Here’s how Title 28, Part I, Chapter 21, Section 455 of the U.S. Code reads (emphasis mine): ‘Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.’”

“Thus any justice who has tipped his hand on how he would vote on gay marriage, any justice who has taken sides, any justice whose ability to be objective on the matter in question, has a legal, moral, ethical and professional duty to withdraw. In fact, he would be violating federal law if he didn’t. His sacred, sworn duty as a justice is to uphold the law, not break it.”

“Both Kagan and Ginsburg have performed same-sex wedding ceremonies. Ginsburg has at least three and maybe five such ceremonies under her belt, and she had the effrontery to perform one of them in the chambers of the Supreme Court itself.”

“Kagan likewise performed a highly publicized same-sex ceremony for a former law clerk in Maryland just last September.”

If Kagan and Ginsburg recuse themselves, that would eliminate two of the automatic votes for homosexual marriage which would leave the outcome in the hands of the four conservatives. We would hope that they would rule on law and not on agenda and declare that homosexuals do not have the right to marry and that their relationships are not equal to a normal husband and wife marriage relationship.

However, I doubt if either justice will recuse themselves. Back in 2011, Kagan should have recused herself on a hearing involving the Affordable Care Act, but she refused. The House Judiciary Committee sought the documentation necessary to force her to recuse herself from the hearing, but Eric Holder refused to turn over documents requested and protected Kagan. The end result was that Kagan remained on the bench which impacted the outcome of the case.

Based upon her history and her personal agenda, the only way Kagan and probably Ginsburg will recuse themselves is if they are forced to do so by legal means, but again, I expect Obama’s Department of Justice will work hard to protect them both to keep them on the bench for this landmark case.

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