Online petition wants Justice Antonin Scalia to recuse himself from gay-rights decisions

Getty Images File PhotoA petition on is calling for U.S. Supreme Court Justice Antonin Scalia to recuse himself from decisions regarding DOMA and Prop. 8.

An online petition began Tuesday to persuade U.S. Supreme Court Justice Antonin Scalia to recuse himself from deliberating on Proposition 8 over comments he made at the hearing.

At one point during oral arguments in the case of California’s voter-approved ban on same-sex marriage, Scalia said, “When did it become unconstitutional to exclude homosexual couples from marriage?”

After a few back-and-forths with Ted Olson, the attorney representing the plaintiffs, Scalia finally concluded, “How am I supposed to know how to decide a case, then, if you can’t give me a date when the ?Constitution changes?”

The comments sparked a petition to collect signatures from people who would like to see the notoriously conservative justice recuse himself from both the Prop. 8 and federal Defense of Marriage Act cases, the latter of which is being heard today.

Justices listened Tuesday as both sides debated the validity of Prop. 8, and they are scheduled to make a decision sometime in June. But gay marriage supporters are hoping to exclude Scalia from that debate.

According to the petition, “Judge Scalia has openly stated over and over again his contempt for GLBT issues, and has compared Marriage Equality to ‘murder.’ Enough is enough. This biased judge, who has made it clear that his biases are more important than the fairness of the law, should recuse himself NOW for any deliberations on DOMA and Prop 8.”

The petition can be viewed at

Bay Area Newsgay rightsLGBTLocalSame-sex marriage

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