You are arguing the "two wrongs make a right" angle. Good luck.
The point of this thread is that Kagan and Ginsburg knew the pending question of law in this instance is "should the fed bless the radical redaction of the physical structure of the word "marriage" to include fatherless or motherless "marriages". And so knowing and so pending and so yet to be Heard, on this radical departure that really just dissolves the public's understanting of the word "marriage" altogether and that deprives sons of fathers and daughters of mothers as an institution, Justices Kagan and Ginsburg did wilfully and knowingly as federal entities, preside over (blessed) the radical redaction of the word marriage. So doing, they left no doubt whatsoever in anyone's mind how they will cast their vote by June. There will be zero deliberation on their behalf. The Court might as well issue the Decision 5 minutes after the Hearing for all they care.
And that is the problem. The public must never be certain how a Justice will cast their vote. Using past transgressions of other Justices in this way does not excuse a new trend in the present or future.
Wow, a spinning rant - many words, but sadly the spin just can't turn. Many unions between same sex couples include natural born children of one or both of the partners, and a child adopted is in the eyes of the law, and in the eyes of all non bigots, is the child of the family.
The fact that Scalia and Thomas attend the Koch Brothers annual soiree in Palm Springs raises more concerns than a "blessing", whatever that has to do with law or justice. ....
The equivalent would be Scalia not merely using a gun hunting, it would be him selling a gun to a felon in a photo op. The specific question of law there being "gun control" not "if anyone at all can own and use a hunting rifle".
Ginsburg and Kagan weren't just merely private gay married themselves in a state where it was legal. They CONSPICIOUSLY presided over and blessed
as federal entities, the redacted form of the word "marriage", while the specific question of law "should the fed preside over and bless the redacted word "marriage" was/is pending to be heard.