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Tuesday, March 26, 2013

Gay Marriage Advocates Ask Justice Antonin Scalia to Recuse Himself From Prop. 8 Deliberations

Posted By on Tue, Mar 26, 2013 at 4:18 PM

Scalia stupified by the constitution
  • Scalia stupified by the constitution

Earlier today, Justice Antonin Scalia made himself (in)famous among gays when he bluntly asked: "When did it became unconstitutional to exclude homosexual couples from marriage?"

After a few back-and-forths with Ted Olson, the attorney representing the plaintiff's in the Proposition 8 case heard by the Supreme Court this morning, Scalia finally concluded the following:

"How am I supposed to decide a case, then, if you can't give me a date when the Constitution changes?"

Well, the gays have found a nice loophole for the confounded Scalia: Bow out of this battle.

A petition has started collecting signatures from people who would like to see the conservative justice recuse himself from deliberating on Proposition 8, California's ban on same-sex marriage, as well as DOMA, two landmark gay marriage cases.

It's their nice way of saying, "shut the hell up. Please."

Listen to the Audio of the Prop. 8 hearings

The Supreme Court listened as both sides debated the validity of Proposition 8, and is scheduled to make a decision sometime in June. But gay marriage supporters are hoping to exclude Scalia from that debate.

See Also: Here Are the Best "Screw You, Scalia" Tweets We've Read

According to the petition, "Scalia has openly stated over and over again his contempt for GLBT issues, and has compared Marriage Equality to "murder." Enough is enough. This biased judge, who has made it clear that his biases are more important than the fairness of the law, should recuse himself NOW for any deliberations on DOMA and Prop 8."

During oral arguments today, Scalia claimed that "there's considerable disagreement among sociologists as to what the consequences of raising a child in a single-sex family, whether that is harmful to the child or not."

Here's the full petition that will be delivered to the justices once organizers have garnered 4,000 signatures. As of 4 p.m., 3,823 people had signed the petition.


In any event, if you like gay marriage and you dislike Justice Scalia, then feel free to express that -- and more -- in this petition.

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About The Author

Erin Sherbert

Erin Sherbert

Erin Sherbert was the Online News Editor for SF Weekly from 2010 to 2015. She's a Texas native and has a closet full of cowboy boots to prove it.


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