Justices Sotomayor and Ginsburg SHOULD both recuse themselves ...

[11 Bravo]

from Obergefell v Hodges and any other case pertaining to gay marriage. The cons are correct on this one.
However, in that case, so too must Justices Scalia, Alito, Breyer, Thomas, Kennedy, and Chief Justice Roberts take a pass. All of the aforementioned should be deemed unable to issue an unbiased ruling with regard to a possible negative impact upon heterosexual marriage by virtue of the fact that each of them is HETEROSEXUALLY MARRIED!
That would leave the Honorable Elena Kagan, as the only unmarried member of the court, to render an unanimous and even-handed decision with regard to the constitutionality of gay marriage.
Works for me.
Cons, you're the ones I hear whining about the need for an unbiased verdict. Are you all in?

[Ilsa]

1. That's cute!

[jberryhill]

2. Well, you see, these sorts of discrimination cases should only be decided...

By old, straight, white, Christian men.

Only they can really be objective.

[Chan790]

3. The only problem there...

is that the "cons" would then demand that Kagan recuse herself too on the basis of the rumors going back to when she was Thurgood Marshall's clerk regarding her own sexuality and her unmarried status.

(It's really none of their business...and we don't need mass recusals as we're going to win this one pretty. 6-3, I suspect, so that the GOP can avoid it as a campaign issue in 2016.)

[Thinkingabout]

4. They may be the two smart ones.

[hifiguy]

5. That is devious and underhanded.

I rather like it.

[11 Bravo]

6. Aaah, that's kind of my MO.