At least one Supreme Court justice has signaled how she is likely to weigh in on a much-watched case over marriage equality, Yahoo Politics
Ruth Bader Ginsburg has been talking a bit more freely about the case, noting increasing support for gay marriage in interviews, Yahoo reported as the high court prepares to hear oral arguments on Tuesday.
"I would be very surprised if the Supreme Court retreats from what it has said about same-sex unions," Ginsburg, 82, said in a January interview with The New York Times' Gail Collins
, Yahoo reported.
Her remarks were in reference to the court's decision in 2012 "that found the federal government must recognize same-sex marriages," Yahoo said.
Both Ginsburg and her fellow Justice Elena Kagan have officiated at same-sex weddings, prompting some traditional marriage advocacy groups to say they must recuse themselves from ruling on the latest case, Obergefell v. Hodges.
That outcry is likely misplaced, Yahoo said, citing Columbia Law School Professor Jamal Greene. Yahoo said he pointed out that "officiating at a same-sex marriage in a jurisdiction that already allows it does not call into question the justices’ impartiality on that question."
While Ginsburg has not overtly shown her hand, she made note of the shift in public opinion on gay marriage in a February interview with Bloomberg
"It would not take a large adjustment," the former civil rights attorney said, for Americans to accept a ruling legalizing same-sex marriages.
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