LC.org

Supreme Court Justice Ruth Bader Ginsburg told an audience at the University of Minnesota Law School that if the Sixth District Court of Appeals rules in favor of same-sex marriage, there will be “no need for us to rush” on a decision on the definition of marriage. If however, the appeals court that covers Kentucky, Michigan, Ohio, and Tennessee upholds the centuries-old, natural definition of marriage as one man and one woman, “there will be some urgency.”

According to Canon 3(D) of the Judicial Code of Conduct, “A judicial employee should avoid making public comment on the merits of a pending or impending action.”

Justice Ginsburg’s comments implied that the merits of the state constitutional amendments defining marriage as one man and one woman were such that the Supreme Court would have to overturn them with haste, if upheld by the Sixth Circuit Court of Appeals. This is an inappropriate comment for any judicial employee, much less a Supreme Court Justice!

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