Christian conservative Scott Lively is
calling on two Supreme Court justices to recuse themselves from an
upcoming case challenging gay marriage bans.
The high court has agreed to hear cases
challenging bans in four states. The court consolidated the cases
and scheduled oral arguments for sometime in April, with a decision
expected in June.
“Our one chance to prevent the death
of marriage is to convince SCOTUS that their ruling will become the
Roe v Wade of sodomy,” Lively wrote in a blog post. “That
means we need to start fighting now.”
“The first line of attack is to
demand the recusal of both Ginsberg [sic] and Kagan, who have
performed 'gay wedding' ceremonies, thus invalidating their claim to
impartiality, which is a prerequisite to sitting as jurists on any
matter. We need a continual presence in front of the U.S. Supreme
Court and federal courts in every state demanding that Ginsberg and
Kagan recuse themselves. A demand for recusal must be on the lips of
every pro-family activist in America and a constant refrain on talk
shows, social media and letters to the editor.”
“And if they fail to recuse
themselves and by their votes establish a majority opinion
'legalizing' homosexual marriage we must declare the ruling invalid
and refuse to recognize it,” Lively added.
Lively has long history opposing gay
rights – and calling for the
criminalization of gay sex – so its not surprising he has
joined other conservatives in demanding the recusal of Ginsburg and
The American Family Association (AFA)
started beating that drum in October.
AFA spokesman Bryan Fischer said that
Ginsburg and Kagan “have an obligation to step off the bench for
those cases on the grounds that their impartiality has been severely
compromised” as a result of performing “sodomy-based 'wedding'
Neither the AFA nor Lively is asking
for conservative justices to step down. Justice Antonin Scalia has
made his opposition clear. In 2013, Scalia told a group of lawyers
that there is no right to “homosexual conduct” in the United
States Constitution. Also, if marrying couples is the yardstick by
which we measure impartiality, then we should note that Justice
Clarence Thomas officiated at the wedding of conservative commentator
Rush Limbaugh and Marta Maranda Fitzgerald. The marriage lasted a
decade. In 2010, Limbaugh married his fourth wife, Kathryn Rogers.