Bob Crockett Posted February 3, 2015 Posted February 3, 2015 (edited) But, the freedom of association clause is not related to religions affiliation. So, should a devout Islamic judge recuse himself if he is assigned a gay-rights case? Surely not. Edited February 3, 2015 by Bob Crockett
Scott Lloyd Posted February 3, 2015 Author Posted February 3, 2015 (edited) I think that recusal from cases involving scouting would have been likely if not required before this change. But what about recusals from cases where a party, a witness, or a representative was gay or lesbian? Or in a case where gay rights or discrimination was an issue? Can we trust that a judge who has no qualms abour his or her membership in an organization that expressly discriminates against gays will rule impartially in those situations? I wouldn't agree it's foregone that one could not trust such a judge. The person might be indifferent to the organization's policy. Or he may disagree with it but think so highly of the organization in general that he is willing to involve himself in it while tolerating the policy, as many of us do with regard to political party platforms when we join a party. Or perhaps he is skilled and professional enough that he is able to separate his personal opinions from his legal perspective on issues he might be called upon to adjudicate. After all, isn't that what attorneys and judges are trained to do? Again, it's not clear what consequences would follow if a judge ignored the Code and joined such an organizations. But spect that removal from office is unlikely. Also, as I mentioned, my read of the commends accompanying the revision seem to imply that membership in an organization like the BSA, if directly related to a Church calling, might be allowed. After all, nowhere is BSA mentioned by name (that's the reporting, mostly likely fueled by BSA opposition), and the comments make it clear that the prohibition is not absolute and has exceptions, especially when a religious component is involved. More and more, this thing is sounding half-baked to me. Edited February 4, 2015 by Scott Lloyd
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