That support came in the form of an advisory opinion stating that Ohio judges who refuse to marry same-sex couples violate their oath of office and ethics code.
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“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 wrote.
The board also said 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. That means actions by judges that effectively deny citizens the opportunity to obtain a civil marriage in their jurisdiction is a negative that could “reflect adversely on the judiciary as a whole”. “As presiding judge, I’m vacating the order, and I’m making the assumption that all judges in this court will follow the law”, Judge Wagner said.
The judicial board’s ruling is nonbinding but could be used by the Ohio Supreme Court for guidance.
“We look forward to the Brownback administration immediately complying with the Supreme Court ruling in every agency of state government”, said Thomas Witt, the group’s executive director. The court has implemented a process whereby same-sex marriages will be accommodated.
Phil Burris of Citizens for Community Values said he was pleased the board “didn’t try to tell the judges they must perform ceremonies”.
An email seeking comment from Attorney General Derek Schmidt, who handled the case, was not returned. An Ohio decision last week provided both. An unspecified number of judges and a judicial association had inquired of the board whether judges are permitted to decline to officiate same-sex nuptials or bow out of officiating over weddings altogether. To the extent that courts created gay marriage to prevent discrimination, it seems that in Ohio, they want to enforce that right by enshrining discrimination against religious justices in the legal system.
According to the syllabus of the opinion – a judge who exercises the authority to perform civil marriages may not refuse to perform same-sex marriages while continuing to perform opposite-sex marriages.
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Judge Wagner said she enjoyed performing all of the weddings at the court in recent weeks.
