• Source: YouTube
  • Oregon Judge Who Refused To Marry Same-Sex Couples Found 'Unfit'

    A state judicial fitness panel says when a same-sex couple asked Day to perform their marriage, he told his staff to lie about his availability and direct them to another judge.

    A judicial oversight panel investigating complaints against Marion County, Oregon, Judge Vance Day, has recommended that the State Supreme Court remove Judge Day from the bench. Judge Day came to the panel's attention in May of 2014 when he refused to officiate at the weddings of same-sex couples after Oregon legalized marriage equality. The judge maintains it is against his Christian beliefs to participate in a same-sex couple's wedding. 

    The Commission on Judicial Fitness and Disability sent its formal recommendation to the Oregon Supreme Court this week, accusing Judge Day of discrimination based on sexual orientation, among other serious charges.

    "His misconduct is not isolated. It is frequent and extensive,” the commission found. 

    The commission charges Judge Day “willfully” violated ten different rules of the Code of Judicial Conduct, including his refusal to officiate at the marriages of same-sex couples. The commission said whenever a same-sex couple asked Judge Day to officiate, he told his staff to lie about his availability and direct them to another judge. Judge Day did not dispute that practice, but argued same-sex couples were not denied their rights because another judge was always found to marry them. 

    “Day asserts that this system of discrimination ‘accommodated’ same sex couples," the commission wrote, saying "the idea that a discriminatory practice is a positive ‘accommodation’ to those being discriminated against shows a deplorable lack of understanding of the most basic concepts of impartiality." 

    Day is only the sixth judge in the state since 2007 to have been referred for sanctions to the Supreme Court. 

    Here's KOIN's news report of the commission findings and Judge Day's response.  

     

     

    Photo is a screenshot from the KOIN YouTube video

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    • commented 2016-01-30 05:40:33 -0500
      Thing is why do people think it’s no big deal, if it was a different faith besides christian say like muslim I bet people would be saying different things. Or if the judge refused to marry someone who was divorced or interracial saying their faith doesn’t allow it. but because it’s same sex couple it’s some how not that important. The job requires you to uphold the law for everyone. If you can’t do the job for any reason you shouldn’t have the job.

    • commented 2016-01-30 03:48:21 -0500
      Sorry I missed the hitler thing so yes removing him from the bench is probably a good call, still think he was going for martyr though.

    • commented 2016-01-30 03:45:35 -0500
      It seems a bit absurd to remove him from the bench as he was willing to step back and allow someone who didn’t have an issue with it do it. If he had at some point been the only judge available and still refused I may feel differently but as it stands that does not appear to have ever been the case. However that is just my opinion and I have seen a bit of the oregon anti discrimination laws so I suppose he should have known this was going to bite him in the bum; Maybe he wanted to be another martyr losing his job for the cause?

    • commented 2016-01-29 19:51:15 -0500
      There is to be a separation between church and state, if you take a government job you are suppose to uphold that job for everyone. If you can’t do the job then you need to find another job. It’s that simple, he can believe what he wants. He just has to do the job, he’s given.

    • commented 2016-01-29 12:11:49 -0500
      Secularism is for grownups.

    • commented 2016-01-29 06:44:56 -0500
      CJ, Interesting comment, which would be OK if we are dealing with absolutes. But the system cannot be that rigid, it has to, and has in the past allowed for wiggle room. If he were the only one who could perform this task, and refused, or he blocked others from doing the task, then yes u are correct, but he made sure the task got done, It would be like an office worker on a team, let’s say part of the team’s job is filing paperwork, but the file cabinet is hard to open and “she/he” has bad arthritis, and can’t do it without great pain, yes it is part of his/her job, but he/ she could also enlist the aid of a coworker to do it for her/him ,like I said if it were just that, I would say let it go, and cut someone some slack, but it seems this problem is deeper than that.

    • commented 2016-01-29 02:01:05 -0500
      I’ll have to disagree, Kendall. This man is a judge, tasked with upholding the LAW. His refusal to do so, no matter the circumstances, proves that he is unwilling/unable to fulfill the duties of his office and his oath. Remember, “separate but equal” is inherently UN-equal.

    • commented 2016-01-28 22:44:54 -0500
      I think, that, if it were just about the same sex lie, that he did the right thing, he referred the to someone else, it went against his concience, so he gave himself, and the couple an alternative by referring them to another Judge.. He never denied them their freedom of marriage In the eyes of secular law.

    • commented 2016-01-28 22:17:46 -0500
      In the video, he looks like he’s about to cry. His response to the ruling is to call it an “infringement” on his speech and religious rights, which the commission denied and followed by noting the many times he abused his position, including threatening a soccer referee and soliciting money from lawyers appearing in his courtroom. If it had only been his refusal to marry same-sex couples, he probably would have been OK, but he decided to ignore the laws and to adopt the attitude of, “This is my courtroom, my rules.” It’s too late to cry now, Mr. Day, so suck it up, buttercup. You abused your power as a supposed “servant of the citizens,” and it is now time to face up to your wrongdoing.

    • commented 2016-01-28 22:03:42 -0500
      He should be fired for not upholding his oath and the law. I sure wish they would do the same to Judge Moore.

    • commented 2016-01-28 21:19:12 -0500
      Find another job then asshole.

    • commented 2016-01-28 20:38:02 -0500
      He took an oath to serve the entire community and uphold the law. He can practice his religion free of his J-O-B……if it’s that much at odds with his job, he should quit and take a job more in line with his religion!! #SEPARATIONOFCHURCHANDSTATE

    • commented 2016-01-28 19:50:16 -0500
      Judge Vance Day is a disgrace to Oregon and the rule of law as well as impartiality. Day needs to be disbarred.

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