By John Mack Freeman (Thanks to Glenn Patton for the tip!)
The Ohio Supreme Court issued an advisory opinion this week that found it illegal for judges to recuse themselves from performing same-sex marriages. From the decision:
A judge who takes the position that he or she will discontinue performing all marriages, in order to avoid marrying same-sex couples based on his or her personal, moral, or religious beliefs, may be interpreted as manifesting an improper bias or prejudice toward a particular class. The judge’s decision also may raise reasonable questions about his or her impartiality in legal proceedings where sexual orientation is at issue and consequently would require disqualification under Jud. Cond. R. 2.11.
This is a win that will hopefully be replicated soon in other states. Same sex couples should not have to wait for an alternate judge or clerk, drive to the next county over, or go to any more trouble in getting a marriage license than any other eligible couple. The full text of the decision can be read below.
Courtesy of Equality Case Files
