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Reply to "But religious accommodation is a thing, right?"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]You realize she simply doesn't want to sign it, but will file the contract, right? [/quote] You realize this dispute is over issuing a license, which is a legal prerequisite to entering into a valid marriage, and has nothing whatsoever to do with a contract, right?[/quote] You realize two of the SC justices had performed same sex marriages in the past and should have recused themselves, right?[/quote] What specific basis for recusal? What you cite does not require it in and of itself.[/quote] If you perform same sex marriages, you are clearly in support[/quote] Does that mean that any justices who have ever expressed an opinion against same sex marriage also should have recused themselves?[/quote] By officiating the marriage, you are doing more than expressing an opinion. You are sanctifying it. [/quote] So? It's not like they suffer some greater personal or professional loss if those marriages are denied legal status. Your argument basically amounts to "They showed they approve of same sex marriage by agreeing to sanctify a same sex marriage, so they can't be impartial. Recusal is generally about cases where either a judge has personal knowledge of the parties/case outside of what's presented in court that might influence their view of the case, or where they have some personal stake in the outcome of a case (e.g., they have an ownership interest in a corporate party to a matter). You might also be viewed as having a stake where a significant part of your career is predicated upon you advocating for a particular result, where a judge might have a hard time ruling against that result simply because they would suffer in other areas of their career. Simply having an opinion about an issue doesn't warrant recusal, nor does having participated in a private ceremony that touches on an issue.[/quote]
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