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What bias? Second justice on high court performs same-sex ‘wedding’

By Charlie Butts

OneNewsNow – Another U.S. Supreme Court justice has prompted a call to recuse herself if the court is asked to determine the constitutionality of state marriage laws and amendments.

Justice Elena Kagan recently performed a homosexual “marriage” ceremony, joining Justice Ruth Bader Ginsburg who has performed five of them.

Matt Barber, a constitutional attorney and founder of, says the Judicial Code of Conduct states clearly that a judge or justice “should not lend the prestige of the office to advance, or to even appear to advance, the private interests of others. Nor should they make public comment on the merits of a pending or impending action.”

The high court is under growing scrutiny after appeals court cases over state marriage laws are working their way toward the Supreme Court and its nine justices. Most of those cases are striking down state laws that define marriage as one man and one woman.

OneNewsNow reported this week that Ginsburg, in a speech, told a law school about a pending 6th Circuit appeals court decision on legal marriage. If the 6th Circuit upholds current marriage laws, she said, then the U.S. Supreme Court should take up the case because other appeals courts have ruled otherwise.

She became the first U.S. Supreme Court justice to perform a homosexual “wedding” in 2013.

Kagan on Sunday presided over the “wedding” ceremony of former clerk Mitchell Reich and Patrick Pearsall in Maryland.

Kagan was appointed to the Supreme Court in 2010 by President Obama. There were rumors that the unmarried woman was a lesbian, which were shot down by her friends during her nomination process.

If Kagan and Ginsburg do not step aside, says Barber, he hopes they are pressured to do so by the other seven justices.

Ginsburg, meanwhile, is being pressured by liberals to step down so President Obama can appoint her successor. She is 81.

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