Conservative Christians Demand Liberal Justices Recuse Themselves From Gay Marriage Case


Fearing an unfavorable ruling from the Supreme Court on the forthcoming Obergefell v Hodges case, some right-wing religious leaders are demanding that liberal Justices Ruth Bader Ginsburg and Elena Kagan recuse themselves from the case. Scott Lively, President of Abiding Ministries, told reporters on Monday that he is filing a motion with the Supreme Court, requesting Justices Kagan and Ginsburg be removed from the case because they have presided at same-sex weddings.

Lively told reporters:

Justices Ginsburg and Kagan, knowing full well that unique legal issues regarding the definition of marriage would soon come before them, deliberately officiated at so-called homosexual wedding ceremonies creating not merely the appearance of bias, but an actual and blatant conflict of interest. In my personal view they have committed an unparalleled breach of judicial ethics by elevating the importance of their own favored political cause of gay rights above the integrity of the court and of our nation.

Lively was joined by about a dozen other anti-gay faith leaders in his demonstration outside the Supreme Court building. The group assembled behind a wall of sixty empty cardboard filing boxes, intended to represent 300,000 restraining orders that Faith2Action President Janet Porter said would be delivered to Congress and the Supreme Court, to prevent the body from ruling on gay marriage.

The court is expected to rule soon on the Obergefell v Hodges case. The case stems from an appeal to a 6th Circuit Court ruling that upheld same-sex marriage bans in Kentucky, Michigan, Ohio and Tennessee. The Supreme Court is expected to hear arguments on the case Tuesday.

Right-wing religious leaders calling for Kagan and Ginsburg to be removed from the case argue that by officiating at legal weddings of same-sex couples, the justices are, therefore, unfit to rule on the Obergefell v Hodges case. The religious leaders seem unconcerned that biased anti-gay past comments made by Justices Scalia and Thomas should render them unqualified to hear the case.

These right-wing religious leaders fear that a full vote of the court could doom their anti-gay crusade. In a desperate last-ditch effort to make sure the Supreme Court doesn’t rule in favor of same-sex marriage, they have resorted to trying to remove two of the court’s liberal justices. The ploy is unlikely to succeed, but it does reveal just how desperate the right-wing has become in trying to prevent the nation from moving forward, and from more fully embracing marriage equality, by extending it to couples in every state.


Correction: Originally the name of the plaintiff in the case was misspelled. This has since been corrected.

28 Replies to “Conservative Christians Demand Liberal Justices Recuse Themselves From Gay Marriage Case”

  1. Gee, if that is the case. Then what about those Justices who presided over Heterosexual marriages, should that also disqualify them from presiding over this case as well. Meaning that no one on the bench is qualified to preside over this case.

  2. yeah.. this argument worked well in California when these groups tried to get Vaughn Walker recused because he was gay…

    trying to say is going to be unable to make a fair consideration of fact and render an appropriate decision works both ways..

    well know quasi-christians Scalia, Alito and Thomas should be recused for the same reasons.. hostility towards the gays should render them unable to consider the facts and render an appropriate decision…

  3. By trying to take out two of the liberal judges, they’re hoping it would be a major slam dunk for them because you would have a 4-3 vote in favor of the conservatives.

    Still, it’s a bad and it won’t work because people see what kind of tricks they’re trying to pull here.

  4. The Bible speaks of the false prophets and that’s exactly what we have hear. They attempt to force others to do what they want and live the way they live and they thinks that’s right. God never forced His way on to any of us. These fools better quick mocking God or they too will reap what they sow. Which is hatred and evil.

  5. SCOTUS had better squash this BS by making a CLEAR and encompassing ruling. They have already lost a great deal of credibility with the Hobby Lobby crapola.
    Any more “religious” rulings will seriously damage their position as the 3rd leg of governance.

  6. How about any justice who has ever spoken negatively about marriage equality also recuse himself from the case? Soon we will have no one left to rule on this case.

  7. Apparently, they have no shame whatsoever.

    What a childishly silly demand to make. By that reasoning, it would be difficult to find any issues over which Scalia has not advertised his mean-spirited ugliness. Both Scalia and Thomas have had major conflicts of interest in many, many cases, including this one – both have repeatedly refused to recuse themselves.

    How many different ways can these religious hate-mongers advertise that they’ve been getting their way pretty much non-stop for centuries? And their obvious fear that they’re losing that special niche? The hysterical tone tells me they think they’re gonna lose. Big time.

  8. “because they have presided at same-sex weddings.”

    Per the same logic, Justices who have NOT presided over same-sex weddings should then also recuse themselves because it shows their bias!

  9. Blame this all on the good old GOP “incest” and “inbreeding” habits since the time of Adam and Eve and Noah’s Ark. Kissing-Cousins and keeping their “blood-lines” “pure” etc. have caused this genetic and mental-illness to manifest itself in these pitiful truly “defective” human beings. In my opinion.

  10. Thomas and Scalia should just resign because they work for the Kochs and other big money. It’s the right thing to do, but they are only in it for the money. They sold out long ago. We can never trust them to do right by the people.

  11. This is rich isn’t? The crackpot right wing extremists are trying to order around SCOTUS..for something that does not even affect them if they are not gay. Gay marriages and gay people are not hurting anyone. GET over IT you pig headed heretics.

    Getting more stupid by the day. Gotta love it. These extremists really feel entitled to run the country, even though they are dumb as a box of rocks.

    Do they have jobs to tend to?

  12. Scott Lively – currently a defendant in a Federal lawsuit under the Alien Tort Statute, for having violated international law by conspiring to persecute the Ugandan LBGT community, a lawsuit that has twice had attempts for dismissal rejected, once by a US district judge and once by an US Court of Appeals. He has about as much business filing motions with the Supremes as George W Bush has giving President Obama advice on how to conduct foreign policy. What is it with these guys that they can’t seem to get everyone else’s sex life out of their minds? Seems an awful lot like they are the perverts themselves.

  13. For every religious group who attempts to involve themselves in our government, they should be fined handsomely for each attempt.

    They should be paying taxes anyways. The days of the tax free ride is long overdue. I don’t care what faith or religion it is. They want to mess with laws, PAY TAXES…retroactive.

  14. And liberal atheists like myself insist that conservative justices recuse themselves. I won’t have your religion shoved down my throat.

  15. Recuse themselves just like Scalia did with the Hobby Lobby case after he actually said that he has no problem in using his religious beliefs when hearing cases. Oh, that’s right, he didn’t recuse himself. Oh the hypocrisy.

  16. In JHS I learned that SCOTUS is apolitical and unencumbered by their personal opinion.

    IMHO, some Justices of this SCOTUS have made a mockery of the Supreme Court. A number of their decisions have not interpreted the Constitution but have strayed away from it. They should be relieved of their appointment.

    As for the Conservative so-called “Christians” they have no business interfering with any SCOTUS. Unfortunately the Hobby Lobby SCOTUS decision will open a Pandora’s box. This decision should be overturned.

  17. But it was perfectly FINE for Thomas to preside over the ACA lawsuit even though his WIFE is paid by and works for the people who brought the suit…GOT IT!

  18. I am reminded of Scalia and Thomas have lunch with the lawyers deciding the fate of Obamacare. I felt for sure they would recuse themselves but I learned that it is felt these men and women are above suspicion of impropriety. I guess they aren’t human??

  19. All Racist, prejudice Republicans should resign from Congress!!There is NO place for people like you…GET OUT

  20. “…this kind of injustice simply cannot stand. If I were not a Christian, and didn’t have a prohibition against suicide, I’d walk across the street [to the state Supreme Court building], douse myself in gasoline and set myself on fire!!!! to protest the EVIL that is going on over there!”

    …screamed an Oklahoma legislator at the top of his lungs.

    However, his “performance” was over abortion, not gay marriage. Fooled ya’!
    Seriously though, you can plug this and any of their rants/issues into this line.

    The best part of his “threat down” is that he says he’d immolate himself, then, back it down and say he doesn’t believe in suicide…

    (chicken sound).

  21. these rightwing conservatives are sick, sick, sick. they are sick in the head. they are sick in the soul. they are sick in the heart. these conservatives are pure evil and if any American doubted their motivations, now all can see exactly what these disgusting people are all about. the other day, I saw a few of the religious right whackos saying the gay marriage debate is not over- no matter what the SCOTUS decides. well conservatives- the SCOTUS is the law of the land. PERIOD. the debate WILL BE OVER once they decide and they will most likely decide in favor of gay marriage. how could they not? I cant think of anything more unconstitutional than denying one group of folks the same rights and benefits that another group- married couples- enjoy. this is a no brainer. if you rightwing religious lunatics cant accept that- get the f*uck out of my country and go live somewhere else. we are all seeing just how dangerous these conservatives are becoming. 2016 cannot get here fast enough!!!

  22. I have been saying this for the last 7 years. time to make churches start paying taxes. the churches are perverting this nation.

  23. So we should demand that the conservative justices like Thomas whose wife worked for the tea baggers to stop Obamacare -recuse themselves from taking a vote on the health care law?

  24. If we make them pay taxes then they WILL be legitimate and have “skin in the game” and have even MOORE power! As it stands they are PARASITES now! and they want the power to suck this country dry of everything that we stand for. The ONLY solution is to legislate religion OUT of existence, REPEAL the 2nd Amendment and get Conservatives OUT of politics!

  25. I guess that’s fair…but then shouldn’t the religious right Justices also recuse themselves? After all, there is separation of church and state…That only leaves Justice Kennedy.

  26. Similarly, during the run up to the ACA vote, Scalia attended events hosted/funded by Koch front groups that wanted to destroy the ACA. Also, the wife of Clarence Thomas, Ginny Thomas, was openly and actively involved with tea party groups that also wanted to derail the ACA.

    Clearly both constituted a conflict of interest, yet neither recused themselves.

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