Recusal Helps the Oppressor, Never the Oppressed

Historically, being gay was tantamount to immorality in the eyes of the Catholic Church. A sin to the world. However, in a recent documentary entitled “Francesco,” Pope Francis publicly expressed support for same-sex civil unions. While same-sex marriage was legally recognized in 2015 in Obergefell v. Hodges, many of us in the LGBTQ+ community fear that the law could easily be overturned at the hands of a conservative Supreme Court. Despite its significance, many fear that Obergefell may be overturned, and our right to get married may be lost. As a criminal defense attorney, I am reminded of the disproportionate impact that we, as people of color, face when we are not equally protected by our judicial system. Although same-sex marriage was legally recognized in 2015 in Obergefell v. Hodges, many of us in the LGBTQI+ community fear that same-sex marriage may be overturned by a conservative Supreme Court. We fear that our fundamental right to marry whomever we love may be lost.

As a member of both the LGBTQI+ and Black community, I am a small subsect that lives in a country that was not built to acknowledge, let alone support us. The United States’ Bill of Rights, at its inception, did not consider a person that looked or loved like me worthy of equal rights. The addition of newly appointed Supreme Court Justice, Amy Coney Barrett, has created fear and a level of concern amongst myself and my cohorts in the LGBTQI+ community that is well-founded.

Simply put, we do not know Justice Barrett’s stance on gay marriage. Her stance on gay marriage is vital to the progression or regression not only on the LGBTQI+ community but also to the nation as a whole.

As a devout Catholic, Justice Barrett previously indicated that she would recuse herself in the event that her religion was in conflict with a case before the Court. Yet, during her confirmation hearing, Justice Barrett continuously dodged questions regarding Obergefell.  An action that not only confuses us but also antagonizes us. 2020 has slammed us with enough uncertainties -

Will we beat COVID-19?

Will our economy recover?

Will we get to gather with our family and friends safely and freely?

The disenfranchised and oppressed citizens of these United States deserve to know where Amy Coney Barrett will stand when it comes to marriage equality.

Will Justice Barrett stand by the sidelines on this human rights issue?

Will she stand with the oppressed?

Will this new Supreme Court Justice allow her LGBTQI+ neighbors to love and commit to one another?

Will she follow the Golden Rule and “love [her] neighbors as [she] loves herself?”

Will she follow the lead of Pope Francis in his public support of same-sex civil unions?

These are only questions that Justice Barrett can answer. But to the communities that her choices directly affect, a religious recusal seems like nothing more than a justifiable excuse. An excuse not to take a stand. An excuse not to lead with the same compassion that Catholicism preaches. Not taking a stand and, in effect, recusing oneself has never benefited the oppressed.