General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSame-sex marriage opponents sounded desperate in court. They should be
http://www.theguardian.com/commentisfree/2015/apr/28/same-sex-marriage-opponents-desperate-supreme-courtBut what was, perhaps, even more fun than a win in the offing was that the desperation of opponents of same-sex marriage leading up to todays argument in Obergefell v Hodges was palpable. The most telling example is the remarkably widespread calls for Justices Ruth Bader Ginsburg and Elena Kagan to recuse themselves from the case because both officiated same-sex marriages, allegedly rendering them unfit to hear the case. Both Kagan and Ginsburg have not only been partial to same-sex marriage but they have also proven themselves to be activists in favor of it, declared the American Family Association.
It should go without saying that this argument is absurd. The standpoint of white, male, heterosexual Roman Catholics like fellow justices Antonin Scalia, Samuel Alito, John Roberts and Anthony Kennedy is no more neutral than anyone elses. Kagan and Ginsburg officiating same-sex weddings is no more relevant than Clarance Thomas having officiated one of Rush Limbaughs innumerable marriages. Justice Ginsburgs socially liberal views are no more relevant than Justice Scalias often-stated socially conservative views. And, Ginsburg asked the first question at argument, settling any question of recusal with a firm no way from the Notorious RBG.
And yet, its hard to blame opponents of same-sex marriage for making such hilariously disingenuous arguments: their arguments against marriage equality on the merits are no better. The amicus briefs filed by opponents of same-sex marriage are a sorry lot, rife with unfounded speculation and junk science.
HassleCat
(6,409 posts)Yeah, I was looking at some of the arguments they planned to use, and it just seemed like oddball stuff. Of course, with this court, all they have to do is offer up some flimsy justification, and the Supremes can grab onto it.
hifiguy
(33,688 posts)wants to take on Judge Posner's scorched-earth opinion from the Seventh Circuit that gutted and buried the WI and IN anti-equality statutes. Posner burned the village and limed the ground in that opinion. Justice Breyer seemed to be asking the questions that came right out of the Posner opinion in the transcript I looked over.
Posner used that opinion to fire a 15-inch shell directly over Fat Tony's bow. It was practically an amicus brief for the pro-equality side and was clearly intended as such. I am sure the fact that Posner thinks Scalia is a dishonest intellectual phony had nothing to do with it.