Contact: Martha Till, Foundation for Moral Law, 334-262-1245

MONTGOMERY, Ala., April 27, 2015 /Christian Newswire/ -- The Foundation for Moral Law, a Montgomery-based nonprofit corporation dedicated to defending the Constitution as understood by its Framers, filed a motion Monday in the United States Supreme Court, urging the recusal of two Justices who have performed same-sex marriages.

On Tuesday the Court will hear oral arguments in the Obergefell case concerning the constitutionality of state laws that define marriage as between one man and one woman. The Foundation observed that Justices Ginsburg and Kagan have performed same-sex marriage ceremonies, and Justice Ginsburg has made several statements indicating that she favors same-sex marriage.

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.

Foundation President Kayla Moore said, "Common sense dictates that one who has performed same-sex marriages cannot objectively rule on their legality. 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. With far less evidence of bias Chief Justice Roy Moore voluntarily did not vote on the recent Alabama Supreme Court case regarding same-sex marriage. Justices Ginsburg and Kagan should follow his example."

The Foundation has also filed an amicus brief in the case, arguing that the United States Constitution does not guarantee a right to same-sex marriage and that previous Supreme Court decisions have established that the legality of same-sex marriage is a matter for the states rather than the federal government.

The High Court is expected to release its decision in June.