Board: Ohio judges can’t choose marriage type they perform

The seven-page opinion said refusing to perform gay marriages could bring into question a judge’s impartiality in other matters.

The opinion further said a judge may not decline to perform any marriages if their decision is rooted in personal, moral or religious objections to same-sex marriage.

The state of Texas is facing not one but two likely lawsuits for failing to issue accurate vital records to same-sex couples in the wake of the U.S. Supreme Court’s ruling in Obergefell v. Hodges. Toledo Municipal Court Judge C. Allen McConnell declined because of “his personal and Christian beliefs established over many years”. “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 governor maintained they must either adhere to the Supreme Court’s ruling or step aside. Rather, they are issued through the professional conduct board.

Those who refused to marry same-sex couples could face discipline for ethics violations, Board of Professional Conduct Director Richard Dove said.

But the case has prompted national discussion about whether individuals, churches and businesses will be able to personally reject participation in such marriages without reprisal.

The board also says judges who stop performing all marriages to avoid marrying same-sex couples may be interpreted as biased and could be disqualified from any case where sexual orientation is an issue.

“Public confidence in the independence of the judiciary is undermined when a judge allows his or her beliefs concerning the societal or religious acceptance or validity of same-sex marriage to affect the performance of a judicial function or duty”, the board said.

The board said it was not empowered to determine whether state law makes it mandatory – or optional – for municipal, probate and county court judges to perform marriages.