Ohio Supreme Court: No, Judges May Not Refuse To Marry Same-Sex Couples

The Ohio State Supreme Court has issued an advisory opinion after a judge in Toledo asked for an accommodation to refuse to marry same-sex couples because of his sincerely-held religious beliefs. According to the opinion, judges may not opt out of performing all marriages, and they cannot refuse to marry same-sex couples.

From the opinion:

A judge should further be mindful of the requirement under Jud. Cond. R. 2.3(A) to
perform administrative duties without bias or prejudice despite the judge’s personal,
moral, and religious beliefs. A judge may not allow sexual orientation to affect employment decisions (Jud. Cond. R. 2.13) or the judge’s treatment of court personnel, court officials, attorneys, and jurors, despite the judge’s personal beliefs about sexual orientation. Jud. Cond. R. 2.3(B). Likewise, a judge must never permit court staff or court officials under his or her direction or control to engage in discriminatory conduct based on sexual orientation or act in a manner inconsistent with the judge’s obligations under the Code. Jud. Cond. R. 2.3(B). A judge must be aware of the impact that his or her own conduct or perceptions concerning same-sex couples may have on the manner in which court employees conduct their job responsibilities.

Ohio's Supreme Court opines on whether judges are compelled to perform (all) marriages. http://t.co/...@eqcfpic.twitter.com/hosrihv9h7

— Equality Ohio (@EqualityOhio) August 10, 2015

Ohio SCt Advisory opinion on judicial performance of same-sex marriages. http://t.co/...@EqualityOhiopic.twitter.com/gBLmOH26eR

— Equality Case Files (@EQCF) August 10, 2015