I have two Footnotes to the story about same-sex marriage.The first is that hilariously, the American Family Association is demanding that Elena Kagan and Ruth Bader Ginsburg recuse themselves from the marriage equality cases.
Why? Because they have opinions on the matter! They have been "partial" to same-sex marriage in their rulings on related cases, which is a really odd basis to demand they recuse themselves because it would mean that any justice who voted in any case should recuse themselves from any future case on a similar topic. Which, I expect, would very quickly leave us with few judges able to rule on anything.
Oh, but they have been advocated for it outside the courtroom! Except justices are allowed to take part in the political process just like any other citizen. The president of the AFA, Tim Wildmon, says that "Congress has directed that federal judicial officers must disqualify themselves from hearing cases in specified circumstances." Which is true. None of them apply here.
As a poster at DailyKos said, "What was once a maliciously aggressive adversary against equality has been reduced to a quivery ooze of despair."
A lovely sight to see.
Sources cited in links:
http://www.dailykos.com/story/2015/01/19/1358815/-AFA-demands-Ginsburg-and-Kagan-recuse-themselves-from-marriage-equality-cases
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