This bizarre article in the Daily Mail unveils Justice McGraw's new campaign motto:
"I'm a person that believes in one God, one nation under God, indivisible with liberty and justice for all," McGraw said. "In fact, that's really my campaign slogan. One nation, under God, indivisible, with liberty and justice for all, and I'm against gay marriage."
While the anti-gay marriage position is likely popular in this state, is it proper for a sitting supreme court justice to make a comment like this? McGraw claims he "voted against gay marriage" by voting to deny the petition in State ex Rel. Link, et al. v. King, a case in which gay couples sought an order compelling a county clerk to issue them marriage licenses. That is a fact, but saying "I'm against gay marriage," is something different than saying, "I voted not to hear the petition in State ex Rel. Link and that's all I am going to say." His challenger, Jim Rowe, has refused to comment on gay marriage, citing the judicial code of ethics.
Having now declared his unequivocal position against gay marriage, when the issue does finally reach the State Supreme Court (and assuming he is still on the bench), won't Justice McGraw have to recuse himself? This just doesn't make any sense to me.