President Obama Calls for Scalia’s Recusal on Gay Marriage Cases
By Reporters Lang, Wang, and Tanaka
President Obama announced late Saturday afternoon that he is calling on Supreme Court Associate Justice Antonin Scalia to recuse himself from upcoming Supreme Court cases on the constitutionality of same-sex marriage. In his statement, Obama declared, “I condemn the comments of Justice Scalia as not only inappropriate, but also as offense to all gay and lesbian Americans.” Obama believes that Scalia can not render fair judgment on the case given his declared bias, saying “Justice Scalia’s comments show that he is obviously prejudiced against gay and lesbian Americans and because the case will be a landmark decision in the civil rights of many, many Americans, I believe that he should recuse himself.
At a private Federalist Society dinner, Associate Supreme Court Justice Antonin Scalia allegedly made “inappropriate” comments regarding his voting positions on Defense Of Marriage Act, anti-gay policies, affirmative action and marriage. Since Wednesday evening, four Senators have requested his recusal, but so far he has ignored those requests.
According to an audio file obtained through an undisclosed source by Senators Dick Durbin (D-IL) and Elizabeth Warren (D-MA), Associate Justice Scalia has made homophobic comments with regards to the pertinent cases. The audio has been analyzed and confirmed as Scalia’s voice; however, there seems to be no extended version of the quote that provides enough context for the comments. When asked to elaborate on how they accessed the audio, both said, “We are not in a position to do so right now.” Warren inconsistently claimed that the context of the quote does not really matter, only to correct himself immediately, admitting, “Well, context obviously matters.” Durbin concluded, “These quotes strike us as clearly homophobic.”
Member of the Judiciary committee and senator Lindsey Graham rebuked the senators’ calls for Justice Scalia’s recusal, characterizing them as “an inappropriate political move.” In response to Senator Feinstein’s ambiguous dissatisfaction towards Scalia’s past record, Graham firmly stated that the Justice has “a sterling record for impartiality.” He also disclosed the names of other senators that joined Feinstein in requesting Scalia’s recusal—Senator Dick Durban from Illinois and Elizabeth Warren from Massachusetts.
Media releases of the audio file have galvanized several gay rights activist groups. One representative from the National Gay and Lesbian Task Force voiced his hopes that “Justice Scalia will step down from office.” On behalf of the Task Force, he expressed his belief that Scalia is “utterly incapable” of ruling on the two cases currently on the Supreme Court agenda. “We see these comments as direct threats to the liberty of the citizens,” he said.
Senator Feinstein said her motive in calling for a recusal revolved around the opinion that Associate Justice Scalia “is not impartial and will not take an objective view.” Feinstein, who is a democratic senator from California, went on to characterize the audio clip, “Homophobic comment against gays. The White House has yet to comment.
The Supreme Court will be hearing two cases in May related to same-sex marriage rights. Hollingsworth v. Perry is a challenge to the constitutionality of Proposition 8, a referendum enacted into law by California voters in 2008 that amended the California Constitution to provide legal recognition only for marriage between a man and a woman. The passage of the law did not affect existing same-sex marriages in the Golden State.
Additionally, the Court will be ruling on United States vs. Windsor, a challenge to the Defense of Marriage Act, or DOMA. This law was passed in 1996 by a Republic Congress and signed into law by Democratic President Bill Clinton. In 2011, the Obama administration announced that they would no longer defend the act in court on the grounds that it believes the act violates Section 3 of the United States Constitution and is therefore unconstitutional.