On October 7, 2024, Secular Communities for Arizona filed a complaint with the Arizona Supreme Court regarding a violation of the separation of church and state. The Red Mass, held at St. Mary’s Basilica and sponsored by The St. Thomas Moore Society, a religious organization, is held to coincide with the opening of the legislature or a term of court. In this case it was January 23, 2024, so it was for the opening of the legislature — clearly a political event.
Photos of the event show Supreme Court justices Montgomery and King along with superior court judges Ryan and Kiley taking part on stage including reading scripture and praying in their judicial robes.
Many people complained and the Judicial Ethics Advisory Committee issued an opinion that wearing a judicial robe to a religious ceremony was unethical, similar to an earlier decision that wearing a rainbow pin on a robe did the same. (Judicial Ethics Advisory Committee (JEAC) opinion 24-02 “Wearing a Robe at the Red Mass”)
After pressure from Justice Bolick, formerly of the Goldwater Institute, the Supreme Court withdrew that judicial ethics opinion, an action that had never before occurred. So as it stands today, judges may not use their robes to make a statement against discrimination (e.g. to support lesbians and gays by wearing a rainbow flag pin) but they make use their robes to make a statement in favor of discrimination (by the Catholic Church against LGBTQ+ and women).
This is a violation of the First Amendment, the Rule of Law, precedent, and sound judicial reasoning.
