Contact: Martha Till, Foundation for Moral Law, 334-262-1245

MONTGOMERY, Ala., Sept. 23, 2014 /Christian Newswire/ -- 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 officiated September 21st at a same-sex marriage for her former law clerk Mitchell Reich and his partner Patrick Pearsall in Chevy Chase, Maryland. Justice Ginsburg performed a same-sex marriage for two men at the Kennedy Center for the Performing Arts in Washington DC in August 2013.

"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."

The Code of Conduct for United States Judges, Canon 3(A)(6), provides that "A judge should not make public comment on the merits of a matter pending or impending in any court." The Commentary on the Code adds that "If the public comment involves a case from the judge's own court, the judge should take particular care so that the comment does not denigrate public confidence in the judiciary's integrity and impartiality... ." Ms. Moore added, "Officiating at a same-sex wedding involves not only comment but also actions that speak louder than words and creates at least an appearance of impropriety."

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."