From OnTopMagazine:
An Ohio state board has advised that
judges who perform civil marriages may not refuse to marry gay and
lesbian couples.
The opinion from the Ohio Supreme
Court's Board of Professional Conduct was issued Friday but announced
Monday, according to the Cleveland
Plain Dealer.
Toledo Municipal Judge C. Allen
McConnell turned to the state's highest court after he refused to
marry a lesbian couple in July, saying that it violated his Christian
beliefs. The Ohio Supreme Court handles advisory opinions through
the professional conduct board.
The board also said that judges may not
decide to stop marrying couples in an effort to avoid ceremonies
involving gay couples.
“The oath represents the judge's
solemn and personal vow that he or she will impartially perform all
duties incumbent on the office and do so without regard to the status
or class of persons or parties who come before the court,” the
board stated in its opinion. “The oath is a reflection of the
self-evident principle that the personal, moral and religious beliefs
of a judicial officer should never factor into the performance of any
judicial duty.”
The board added that a judge who
refused to marry gay couples might be viewed as being biased against
the LGBT community.
“A judge's decision to decline to
perform some or all marriage ceremonies, when grounded on the judge's
personal beliefs, may reflect adversely on perceptions regarding the
judge's performance of other judicial duties. A judge may reasonably
be perceived as having a personal bias or prejudice based on sexual
orientation if he or she elects to perform opposite-sex marriages,
but declines to perform same-sex marriages.”
A widower fighting to have Ohio
recognize his marriage to another man was the lead plaintiff in the
Supreme Court case that in June struck down gay marriage bans in all
50 states.
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