A petition is calling for an anti-gay judge to remove himself from Supreme Court discussions on Proposition 8 and the Defense of Marriage Act.
Justice Antonin Scalia, who has a record of anti-gay rhetoric, is the subject of a petition calling him to recuse himself from any gay rights deliberation by the Supreme Court.
It reads: ‘Judicial bias has no place in the highest court in the land. Judge Antonin Scalia has expressed openly, time and again, his bias and contempt for GLBT issues.
‘For this reason, he should recuse himself from any deliberations by the Supreme Court of the United States on issues involving DOMA, California’s Prop 8, and any other gay rights issues.
Yesterday (26 March) in the Prop 8 hearing, Scalia said if California legalizes same-sex marriage, then they would have to give gay couples the legal right to adopt, which could ‘harm the child’.
He also asked a question about the constitutional merit of same-sex marriage, which many experts are now calling an attempt to trap attorney Ted Olson.
He asked: ‘When did it become unconstitutional to exclude homosexual couples from marriage? 1791? 1868, when the 14th Amendment was adopted? When did the law become this?’
To which Olson replied: ‘May I answer this in the form of a rhetorical question? When did it become unconstitutional to prohibit interracial marriage? When did it become unconstitutional to assign children to separate schools?’
In the past, Scalia has compared his moral opposition to homosexuality to his moral opposition to murder.