Marion judges will marry gay couples, cite oath, law

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

Such is not the case in Marion County, where family court Judge Deborah Alspach has performed two same-sex marriage ceremonies, and family court Judge Robert Fragale and Marion Municipal Judge Teresa Ballinger have said they will officiate such weddings.

“Our court has taken the position that our oath obligates us to perform certain duties, and one of those is to marry people,” Alspach said. ”So we’ve continued that with this ruling from the Supreme Court.”

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 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.

Ballinger said she has not been asked to perform a same-sex marriage but will do so if she receives such a request.

“I was surprised,” Ballinger said. “I thought for sure I would have some requests. If it helps, I definitely will do all kinds of marriages as long as they are supported by law. I fall under Ohio Revised Code 1901.14, and it says municipal judges have the following powers and duties, to perform marriage ceremonies anywhere in the state. So I’m going to follow the law.”

She said she typically performs two or three civil marriage ceremonies per week.

Marion Mayor Scott Schertzer, who estimated he has performed about 12 marriage ceremonies per year, said he would officiate same-sex marriages but has not received such a request.

“Not only have I not done one, I’m not even aware of anybody calling in to check on a gay or lesbian marriage,” Schertzer said.

He said while initially there was a “lot of uncertainty on what the ruling meant, there’s more clarity now.” His understanding is that same-sex marriages are “completely legal. If someone were to come in and request one, I would be legally bound to do it.”

Citing the lack of requests in the month since the Supreme Court ruling, he said, “It kind of shows how conservative your community is.”

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 whether 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, also is 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.

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.

John Jarvis of The Marion Star contributed to this story.