Blame judiciary for same-sex 'marriage,' says judge

A former member of the federal judiciary is laying the blame for the vast expansion of same-sex "marriage" across the United States directly on federal judges.

He's referring to the likes of Raymond P. Moore, the judge who ordered "gay marriage" in Colorado; Callie Grenade in Alabama, the only state to resist the move; Karen Schreier in South Dakota; and Ortrie D. Smith in Missouri.

"Without a doubt, there are a number of enablers, but the federal judiciary is a central driver. ... The federal judiciary has largely abandoned any pretext of following the drafters' intent with respect to the Constitution and its amendments as applied to same-sex marriage. Apparently, these judges believe the oath they have taken requires no deference to the Constitution's plain meaning."

The harsh judgment comes from Joe Miller, who, when he was appointed U.S. magistrate judge in Fairbanks, Alaska, was the youngest person then serving in that federal position in the nation.

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A graduate of West Point in 1989 in the top 1 percent of his class, he served in the 1st Infantry Division and was in combat in Desert Storm, where he earned the Bronze Star. He's a graduate of Yale Law School and has a master's degree in economics.

He later defeated incumbent Sen. Lisa Murkowski in the primary in Alaska and currently is the president of the nonprofit Restoring Liberty.

Read the history of the attacks on marriage and the family, from the days of Karl Marx and Margaret Sanger to those now pushing for mandatory recognition of same-sex "marriage," in "Takedown: From Communists to Progressives, How the Left has Sabotaged Family and Marriage."

"Granted, some judges believe that they are compelled to follow the dictates of superior (higher) courts, even if those decisions violate the written Constitution," he continued. "This is a poor excuse, as the judge's oath is to the Constitution, not to some twisted interpretation of it. While indefensible, this approach stands in contrast to the illegitimacy of other members of the federal judiciary who spin dozens of pages of judicial decisions, ginning up creative and largely illogical reasons for why constitutional language – drafted when homosexuality was criminalized throughout the United States – somehow now compels protection of same-sex marriage and sodomy."

His comments were made in a series of commentaries about the looming U.S. Supreme Court decision in a case organized and funded by the United States Justice Foundation.

He also said it's alarming that there are members of the federal judiciary who are so zealous for the homosexual agenda that they have even violated judicial ethics to advance it.

Miller called it "troublesome" that Associate Justices Elena Kagan and Ruth Ginsburg have made "supportive public statements and have even voluntarily officiated at homosexual marriages – despite knowing that the question of homosexual marriage would be presented before them for future decision."

"There is a Code of Conduct under which federal judges – including U.S. Supreme Court Justices – are bound to comply. (Justice Kennedy stated on March 14, 2013, that he and the other justices of the Supreme Court consider the Code of Conduct to be 'absolutely binding.') Canon 3A(6) of that Code of Conduct requires that a judge 'not make public comment on the merits of a matter pending or impending in any court,'" Miller wrote.

"Canon 2A of the same code provides that a judge 'should act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.' Finally, a federal statute, 28 U.S.C. sec. 455(a), further mandates that a federal judge 'disqualify himself in any proceeding in which his impartiality might reasonably be questioned,'" he wrote.

WND reported when Alabama Supreme Court Chief Justice Roy Moore said Ginsburg could be penalized for her public advocacy of "gay" rights as the court considers a case that could redefine marriage in federal law.

"It's called impeachment," he told WND.

As WND reported, Ginsburg has performed same-sex wedding ceremonies and made supportive public statements. Kagan also has performed same-sex weddings and promoted "gay" rights at Harvard's law school while she was at its helm.

Ruth Ginsburg

A brief from the Foundation for Moral Law, for which Moore worked before he was elected chief justice of the Alabama Supreme Court, explained: "Four weeks after this court granted certiorari in these cases, Justice Ginsburg was asked whether parts of the country might not accept same-sex marriage being constitutionalized. She answered: 'I think it's doubtful that it wouldn't be accepted. The change in people's attitudes on that issue has been enormous … It would not take a large adjustment.'"

Ginsburg's interview was with Bloomberg News on Feb. 12.

The foundation's motion said the "extrajudicial comments about a matter pending before the court violate Canon 3A(6) of the Code of Conduct for United States judges: 'A judge should not make public comment on the merits of a matter pending or impending in any court.'"

The controversy resurfaced a few weeks ago, because even after being told of the appearance of a conflict of interest, Ginsburg again officiated at a same-sex wedding, as the New York Times reported.

The paper said that with "a sly look and special emphasis on the word 'Constitution,' Justice Ginsburg said that she was pronouncing the two men married by the powers vested in her by the Constitution of the United States."

"No one was sure," the paper said, "if she was emphasizing her own beliefs or giving a hint to the outcome of the case the Supreme Court is considering whether to decide if same-sex marriage in constitutional."

Moore said the Constitution's option for impeachment appears to apply, since Ginsburg's actions could be perceived as flouting the concept of a neutral judiciary. He noted that besides the well-known "high crimes and misdemeanors" that would subject a federal official to impeachment, Article 3, Section 1 of the Constitution also provides that judges "shall hold their offices during good behavior."

Moore told WND that according to an analysis by historian Raoul Berger at Harvard Law School in 1970, the Constitution clearly suggests an end to "good behavior" is accompanied by an end of their "offices."

"His conclusion is there is an implied power to remove judges whose bad behaviors fall short of high crimes and misdemeanors," he said. Since there are no "dead words" in the Constitution, "every word has a meaning.

"The remedy rests with Congress," he told WND, although anyone could raise the question.

Col. John Eisdmoe, also of the Foundation for Moral Law, told WND earlier that the pro-"gay" bias exhibited by Ginsburg and Kagan ultimately will leave a cloud over any ruling.

"The decision will forever be open to question of whether it was an honest and fair decision of the court or was controlled by their personal viewpoints on the issue," he said.

Eidsmoe is a lecturer at colleges and universities and a constitutional attorney with a successful litigation record in religious freedom cases. He holds five degrees in law, theology and political science, including two doctorates, and he's written numerous books, including "Christianity and the Constitution."

WND has reported a number of groups have urged Ginsburg and Kagan to recuse themselves from the marriage case.

Elena Kagan

The justices have refused and also have declined to respond to questions on the issue.

Joining in the call for Kagan and Ginsburg to be removed from the case were hundreds of members of the Rabbinical Alliance of America.

"We join many other[s] who are appalled and deeply ashamed" that Ginsburg and Kagan "have still not had the grace, or decency to adhere to the U.S. code which calls upon a justice to 'Disqualify himself in any proceeding in which his impartiality might reasonably be questioned,'" their statement said.

"We call upon Chief Justice Roberts, President Obama and the House and Senate Judiciary committees to speak out and take the necessary steps to disqualify Kagan and Ginsburg from participating in these proceedings," said the statement, which represented the 850 members of the organization.

See Ginsburg's comments:

Miller noted that just months ago, Ginsburg said in an interview: "The change in people's attitudes on that issue has been enormous. In recent years, people have said, 'This is the way I am.' And others looked around, and we discovered it's our next-door neighbor – we're very fond of them. Or it's our child’s best friend, or even our child. I think that as more and more people came out and said that 'this is who I am,’'the rest of us recognized that they are one of us."

She said it would not take a great deal to make the nation accepting of "gay marriage."

"How Justice Ginsburg – whom the left describes as 'brilliant' – could think that such actions and past statements would not raise obvious questions of partiality in a case involving the U.S. Constitution and homosexual marriage is especially troubling," Miller wrote.

"And yet she has aggressively continued her participation in Obergefell v. Hodges as reflected by her active engagement in the case's oral argument just several weeks ago."

He said: "The only answer for justices who blatantly violate their Code of Conduct, federal law, and their oaths of office is impeachment and removal. Regrettably, a Republican-controlled Congress, more concerned about rescuing Obamacare than resisting yet another activist attack on the Constitution, offers little hope. Unless and until members of Congress demonstrate real fidelity to the U.S. Constitution, no ruling class politicos in either party can be trusted, and none should be supported, by those who seek to restore liberty to our nation."