Kayla Moore, President of the Montgomery-based Foundation for Moral Law, today called upon U.S. Supreme Court Justices Elena Kagan and Ruth Bader Ginsburg to recuse themselves from a case involving same-sex marriage because each of these Justices has personally performed a same-sex marriage. "Justice Kagan's actions are especially improper," Ms. Moore said, "because she performed this same-sex marriage while a case concerning same-sex marriage is pending before the Supreme Court. The State of Utah has filed a petition for writ of certiorari asking the Court to consider an appeal from a 10th Circuit decision invalidating Utah's prohibition against same-sex marriage. The Foundation for Moral Law has filed an amicus brief supporting Utah's petition. By performing same-sex marriages, Justices Kagan and Ginsburg have clearly indicated how they will vote in Utah's case."Ginsburg stirred further concern September 16 when she told a Minnesota audience that if the Sixth Circuit rules that states may prohibit same-sex marriage, "there will be some urgency" because that would run contrary to a legal trend favoring gay marriage and force the Supreme Court to step in sooner, but if the Sixth Circuit falls in line with other rulings there will be "no need for us to rush." Ms. Moore said Justice Ginsburg's comments were improper because "they not only tip the Court's hand as to how she will vote, but they also constitute a warning to lower courts that they had better rule in favor of same-sex marriage or the Court will step in and reverse them, and the words 'no need for us to rush' imply that she was speaking not only for herself but for the rest of the court. Litigants, lawyers, and the American public can have no confidence in the Court's impartiality unless Justices Kagan and Ginsburg recuse themselves from same-sex marriage cases."
Kayla Moore, NOT incidentally, is the wife of Alabama Supreme Court Chief Justice Roy Moore, who was reelected last year after being booted from that job in 2003 for refusing to remove a Ten Commandments monument from the courthouse grounds. Kayla Moore assumed the group's presidency when its founder, her husband Roy Moore, returned to the bench. Roy Moore has posted the above press release to his Facebook page.
UPDATE: Moore is deleting your comments. Keep him busy tonight!
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