Written by Don Byrd
Ohio’s Board of Professional Conduct has issued an opinion on the question of whether judges who object to same-sex marriage on religious grounds may refuse to perform them. The Board warned that judges cannot perform some marriages while refusing to perform same-sex marriage. And while they may choose not to perform any marriages, that decision should not be based on religious objections to same-sex marriage.
The Columbus Dispatch reports that “[a] handful of judges across Ohio have refused to wed gay and lesbian couples, or have decided they will wed no one” following the Supreme Court’s same-sex marriage decision.
Here is an excerpt from the opinion:
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 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. When a judge takes the oath of office, “he or she yields the prerogative of executing the responsibilities of the office on any basis other than the fair and impartial and competent application of the law….”
