Two Oregon County-Level Judges Stop Performing Marriages, Citing Personal Conscience

Katherine Krueger at TPM sketches the story.

Judge Vance Day

Judge Thomas Kohl

In the judges' defense, some are pointing out that Oregon permits, but does not require, judges to perform marriages. To that, I can only say that such a state law would allow such judges to remain silent on the subject, but not to announce a policy of refusing to perform marriages, their announcements coming specifically in response to the legalizing of same-sex marriages. If a judge has the power to perform a marriage and ceases to exercise that power directly in response to the now legally required institution of gay marriage, that judge should resign his/her office or prepare to be jailed in contempt.

When judges begin playing legal tricks to avoid the clear intent of a Supreme Court decision, they no longer serve their rightful purpose. That has been true when I've disagreed with the Court's decision, and it must in turn be true when I happen to agree with the SCOTUS decision.

Otherwise... we have no justice. Those among us who are unwilling to see justice subverted to the religious purposes of individuals must draw the line RIGHT HERE.

(The usual warning: IANAL.)