An Ohio judge who made national headlines when he refused to officiate a wedding for a same-sex couple has gotten his answer from Ohio’s top court professional conduct board.
Last month Toledo Municipal Court Judge C. Allen McConnell refused to marry a same-sex couple, citing his “personal and Christian beliefs.” Judge McConnell drew outrage and ire from marriage equality supporters for ignoring the Supreme Court’s Obergefell decision in June, so McConnell asked for guidance from the Supreme Court of Ohio Board of Professional Conduct. That guidance has now been issued, and Judge McConnell will have to put away his “personal and Christian beliefs” in favor of the law – he may not refuse to marry same-sex couples for any personal or religious reason.
“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,” the Board of Professional Conduct’s seven-page opinion states. “A judge may not decline to perform all marriages in order to avoid marrying same-sex couples based on his or her personal, moral, or religious beliefs.”
“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.”
Judge McConnell, a Democrat and an elder at the First Church of God, had an aide tell a same-sex couple in July the judge did not perform “these types of marriages.”
The couple was shocked, and later told reporter they “took great precaution not to offend a minister.”
“That’s why we went to a judge to get married, never dreaming that he couldn’t follow the law,” Carolyn Wilson said. “That he wouldn’t follow the law.”
“If he would have taken the time to talk to us, it would have been a little more palatable,† Wilson said, according to the Toledo Blade. “You wait so long for this opportunity,” she said of the right to marry. “Because we wanted to handle it civilly, we didn’t think there would be any issue at all.”
The judge had explained that in July his “declination was based upon my personal and Christian beliefs established over many years. I apologize to the couple for the delay they experienced and wish them the best.”
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Image: Screenshot via Toledo Blade/ABC 13
Hat tip: AP