Judge Has Acknowledged Right to Not Perform Same-Sex “Marriages” but Is Investigated Anyway

Everyone admits the judge is not required by any law to do any same-sex “marriages” and yet they are still persecuting him.

The Oregon judge is not in jail yet, but what is happening to him is even more unjustified that what has been done to Kim Davis.

Newsweek reports, “Oregon County Judge Refuses to Perform Same-Sex Marriages despite Supreme Court Ruling.

Doesn’t that headline make it sound like the Judge Vance Day is defying the Supreme Court’s authority? I think that would be heroic, but there is no authority to defy in this case.

An Oregon judge who has refused to marry any couples since the Supreme Court earlier this summer struck down gay marriage bans said Friday he has “deeply held religious beliefs” and as a result is acting to avoid performing same-sex marriages.


Unlike [Kim] Davis, who is obligated to issue marriage licenses as part of her job, Day does not have to do so and he cannot be jailed. A spokesman for Day told KPTV that Marion County judges are not obligated to perform marriages; it is a volunteer system. (Six other judges in the county do volunteer to perform such weddings.) “It’s an exercise of his religious freedom rights under the First Amendment,” the spokesman said.

So that should be the end of it, right? In fact, there should have been no need for the judges to invoke the First Amendment mantra, “deeply held religious beliefs.” If the action is voluntary then all the Judge should have to say is: “I don’t want to ‘marry’ them.” End of discussion.

But nope. The action is “voluntary” only as long as he agrees to do it. Now he is being subjected to an investigation by the Oregon Commission of Judicial Fitness and Disability.

By the way, this judge is not the first to refuse to do marriages. The Examiner reports on

the case of the little known Lone Star State’s Judge Tonya Parker, 116th Judicial District Court of Dallas County, when she opted to also cancel presiding at civil marriages. As verified by ABC News on Feb. 24, 2012, Judge Parker scratched all weddings, but her rationale was as a form of protest. As a lesbian, and with Texas not allowing homosexual marriage, Parker ceased performing legal weddings.

Obviously, Parker’s decision, albeit legitimate, affected only heterosexuals. Another difference in the two, an unidentified spokeswoman for the Texas State Commission on Judicial Conduct said back in 2012 that the commission had no comment on Judge Parker’s decision.

Gotta love all that “equality under the law” we hear so much about!