Ohio judges who perform marriages can not ethically or legally refuse to Wednesday a same-sex couple, says an advisory opinion released this afternoon by the Ohio Supreme Court’s Board of Professional Conduct.
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“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 opinion states.
U.S. District Judge Daniel Crabtree summarily ruled Monday that the provision in the Kansas constitution that prohibits issuing marriage licenses to same-sex couples or recognizing such marriages violates the Fourteenth Amendment to the U.S. Constitution.
For a $15 fee, weddings are performed daily between 1:30 p.m. and 3 p.m.at Toledo Municipal Court by the assigned duties judge.
The state Supreme Court issued the opinion after requests from judges including Toledo Municipal Judge Allen McConnell.
“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. He sued Ohio’s health director for refusing to list him as the surviving spouse on his husband’s death certificate.
The judicial board’s ruling is nonbinding but could be used by the Ohio Supreme Court for guidance.
The decision was similar to four other states where panels have addressed the question: Judges can’t refuse to perform same-sex marriages and continue marrying heterosexual couples.
Municipal, probate and county court judges – the only judges empowered to perform civil marriages under law – must either marry everyone or no one, the advisory opinion said.
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Judges with personal beliefs against same-sex marriages might be disqualified from presiding over cases where sexual orientation is a factor.
