The Judicial Ethics of Refusing to Perform Same Sex Weddings

 

The State of Washington’s judicial ethics body reprimanded a judge this week for refusing to officiate same-sex wedding ceremonies.

Thurston County Superior Court Judge Gary Tabor said he was uncomfortable performing such ceremonies because of his religious beliefs. Washington voters approved same-sex unions in a referendum last year.

Like many states, the judges in Washington are not required to perform wedding ceremonies.  Because judges are not required to perform weddings, Judge Tabor thought that would allow him to refuse to officiate at same-sex ceremonies, as long as another judge could be found to perform the duty.

When his practice was questioned, Judge Tabor said he would stop performing marriages altogether to avoid the accusation of bias. But the Judicial Conduct Commission filed a complaint against him anyway, saying Judge Tabor’s refusal to perform same-sex weddings violated the state’s anti-discrimination law (which names sexual orientation as a protected class).

In response to the complaint, Judge Tabor has agreed to sign a formal admonishment in which he agreed his actions “appeared to express a discriminatory intent against a statutorily protected class of people, thereby undermining public confidence in his impartiality.”

 

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