Can Ohio judges refuse to marry gay couples?

COLUMBUS – Some Ohio judges say they don’t have to officiate same-sex weddings, or any weddings for that matter.

Last month, the U.S. Supreme Court declared that marriage is a fundamental right for all Americans regardless of their sexual orientation. But judges from Mansfield to Chillicothe are not performing same-sex marriages, or in some cases, any marriages.

Toledo Municipal Court Judge C. Allen McConnell refused to marry a same-sex couple earlier this month, saying he declined because of “his personal and Christian beliefs established over many years.” He planned to continue “traditional marriages,” but the presiding judge took over all marriage ceremonies.

But that isn’t the case in Fairfield County, where municipal court policy is that anyone — straight or gay — with a valid marriage certificate and wanting to be married will be scheduled for the docket during working hours.

“Our job is to uphold the constitution,” said Fairfield County Municipal Court Judge Jim Fields.

Fairfield County Municipal Court Judge Patrick Harris said anyone wanting to get married in court who has a valid marriage license can come to municipal court and will get a time for the ceremony.

“Clearly we have an obligation,” Harris said. “It is the right thing to do, the moral thing to do and the legal thing to do.”

Gay marriage advocates say judges refusing to wed couples to avoid same-sex ceremonies are “petty” and “childish,” said Grant Stancliff, spokesman for Equality Ohio.

“I can’t think of many jobs where there’s something in your job description that you can opt not to do,” Stancliff said.

Still, McConnell has asked the Ohio Supreme Court’s board of professional conduct to clarify if he must perform marriages for gay couples. Athens County Municipal Court Judge William Grim, as president of the Association of Municipal and County Judges of Ohio, is also seeking guidance on whether judges can refuse to perform marriages for any couples.

“Is there a duty to perform marriage ceremonies, is it a personal duty of every authorized judge or is it the duty of the presiding judge in each court to insure the court provides this service?” Grim asked the board.

Attorneys with the board of professional conduct are researching those questions and could announce their answers as early as next week, director Richard Dove said. State law says judges, licensed ministers, mayors, superintendent for the state school for the deaf and religious societies may officiate wedding ceremonies. No prior ethics board decision has clarified whether judges must perform same-sex ceremonies, Dove said.

In Fairfield County, a quick check found that Common Pleas Court judges, except in vary rare cases, do not perform weddings. Lancaster Mayor Dave Smith does not perform wedding ceremonies. However, Millersport Mayor Dean Severance said he has performed wedding ceremonies in the past, but due to his religious beliefs he will not officiate at gay marriages.

Ethics panels in four other states already have weighed in: 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.

Carl Burnett Jr. contributed to this report.