On May 17, 2015, Supreme Court Justice Ruth Bader Ginsberg performed a same-sex wedding ceremony between two males. CNS News reports on these actions, as well how Judge Roy Moore is calling the recusing of Justice Ginsberg:
Moore’s Foundation for Moral Law, in fact, petitioned the court claiming two of the nine judges should recuse themselves from the same-sex marriage decision – Ginsburg and Elena Kagan, who has also officiated a same-sex wedding.
The foundation, under the leadership of Moore’s wife Kayla Moore, issued a press release in April on the recusal motion.
“Canon 3A(6) of the Code of Conduct for United States Judges provides that ‘A judge should not make public comment on the merits of a matter pending or impending in any court.’ 28 U.S.C. sec 455(a) mandates that a Justice ‘shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.’
“Because they have performed same-sex marriages, and because Justice Ginsburg has spoken publicly in favor of same-sex marriage, the foundation contends that those justices are predisposed to rule in favor of same-sex marriage and are unable or unwilling to consider this case impartially, and that their words and actions give the appearance of bias, if not bias itself.”
“Common sense dictates that one who has performed same-sex marriages cannot objectively rule on their legality,” Kayla Moore said in the announcement of the motion. “If these justices participate in this case, the court’s decision will forever be questioned as being based on their personal feelings rather than on the Constitution itself.
Russ Hepler from The Federalist Papers, does not believe that Justice Ginsberg will be impeached due to the politicking in the House and Senate. However, these recent actions might be a basis to overturn a potential same-sex marriage law.