Panel: Ohio judges shouldn’t refuse gay weddings

COLUMBUS – Ohio judges who refuse to marry same-sex couples violate their oath of office and ethics codes, the state supreme court’s ethics panel said Monday.

Judges also cannot ethically refuse to marry all couples simply to avoid same-sex ceremonies based on personal, moral or religious beliefs, according to an advisory opinion released by the Ohio Supreme Court’s Board of Professional Conduct.

The ethics panel did not weigh in on whether judges break state law by not performing marriages. Judges could ignore the ethics suggestions, but they carry some weight because the board also reviews disciplinary cases.

Judges violate their oath of office to follow the U.S. Constitution and codes of conduct on impartiality by not marrying same-sex couples, according to the opinion. Judges with personal beliefs against same-sex marriages might be disqualified from presiding over cases where sexual orientation is a factor.

“Public confidence in the independence of the judiciary is undermined when a judge allows his or her beliefs concerning the societal or religious acceptance or validity of same-sex marriage to affect the performance of a judicial function or duty,” according to the opinion.

The ethics panel weighed in after a Toledo judge would not marry a same-sex couple following the U.S. Supreme Court decision that made the unions legal in Ohio. Toledo Municipal Court Judge C. Allen McConnell declined because of “his personal and Christian beliefs established over many years.” He wanted to continue officiating “traditional marriages” before another judge took over all ceremonies. McConnell asked the board to clarify whether he must perform weddings.

Judges from Mansfield to Chillicothe also have declined to wed any couples.

Those who refused to marry same-sex couples could face discipline for ethics violations, Board of Professional Conduct Director Richard Dove said. The same group of attorneys, judges and residents who crafted the opinion would determine whether judges violated it.

“Most of the time when we issue an opinion, it carries some weight,” Dove said.

The decision was similar to four other states where panels have addressed the question: Judges can’t refuse to perform same-sex marriages and continue marrying heterosexual couples. However, in Louisiana, Pennsylvania and Nebraska, judges were able to abstain from marrying anyone. In Arizona, judges also could choose to marry only friends and relatives.