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The Daily Signal
Can You Oppose Gay Marriage and Be a Good Judge? The Chilling Opinion of Ohio Court’s Board
Roger Severino
August 14, 2015

Are people who publicly affirm that marriage is the union of one man and one woman unfit to be judges?

The Ohio Supreme Court’s Board of Professional Conduct came close to saying just that in a recent advisory opinion in the wake of the Supreme Court’s national redefinition of marriage.

According to the Board, a judge who performs civil marriage ceremonies cannot decline to perform them for same-sex couples no matter what the judge’s religious beliefs or moral convictions on the matter.

>>>  Ohio Judge Who Declines to Do Same-Sex Marriages Says Civil Rights Struggle Inspired His Career

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Had the Board stopped there, the Ohio courts could have come up with a system, like in North Carolina, that ensures that every qualified couple receives a timely license and solemnization ceremony while also protecting the conscience rights of objecting clerks and magistrates by allowing them to recuse themselves from all marriage licensing.

There would be no losers under such a system.

But instead, the Board slandered judges who seek to opt out of marriage ceremonies by saying they would create the appearance of “bias or prejudice” against gays or lesbians and should be disqualified from hearing any cases touching upon sexual orientation. But it simply does not follow that a refusal to accept marriage as a genderless institution indicates a bias or prejudice against gays and lesbians...

Read the rest of the article at the Daily Signal



 
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