Oregon judge refuses to marry same sex couple....due to his religious beliefs just as Kim from Kentucky. Will he be thrown into jail too?

2015-09-06T23:10:16-04:00

http://www.chicagotribune.com/news/nationworld/ct-oregon-judge-same-sex-marriages-20150904-story.html

Oh my GOD! Why do I keep having miss spelled words? arrrggg...

Oregon judge refuses to perform same-sex marriages on religious grounds

Marion County Judge Vance Day is being investigated by a judicial fitness commission in part over his refusal to perform same-sex marriages on religious grounds, a spokesman for the judge said Friday.

Response by CSM Carl Cunningham made Sep 6 at 2015 11:17 PM

2015-09-06T23:17:15-04:00

He works for the state. His personal beliefs should be separate. If he can't do that, leave the job. Simple.

Response by PO1 William "Chip" Nagel made Sep 7 at 2015 1:19 AM

2015-09-07T01:19:48-04:00

Well it was a Judge that threw Kim in Jail. This is a little more challenging in a Judges case. I guess that a Higher Court could hold him in Contempt, say the State Supreme Court. Also in his case it is not required that He conduct "Marriages" since that falls under the Purview of others in that form of State Government to conduct. I could see him loosing his law license over it though.

Response by Sgt Aaron Kennedy, MS made Sep 7 at 2015 7:06 AM

2015-09-07T07:06:18-04:00

Although they are both "agents of the Government" there is a nuanced difference here, if just slightly.

As the Clerk of Court, she held a "Monopoly of Service" for issuing marriage licenses. You couldn't go anywhere else. As a Judge, he does NOT hold that same monopoly, however he "may" hold the Government monopoly (as compared the civilian side). It lists him as the County Judge. I do not know if he is the the sole County Judge or not, but if he is, the issues begin to merge.

As I said in another post, the "Government" doesn't have Rights. They have Power. And Agents of the Government cannot use their Individual Rights to alter their bestowed Power. That is what this really boils down to. However, that doesn't mean reasonable Accommodations cannot be made when that Individual is not the sole person with that Power.

As long as the Service is still being performed by "The Government" there is no foul. When "The Government" stops performing the required service, then the Agent of the Government is using their Rights to hold it hostage and they need to be removed.

Response by CW4 Guy Butler made Sep 7 at 2015 7:19 AM

2015-09-07T07:19:00-04:00

This one is under a different process:

"The Commission on Judicial Fitness and Disability reviews complaints about Oregon state judges and justices of the peace and investigates when the alleged conduct might violate the state’s Code of Judicial Conduct or Article VII (amended), Section 8 of the state constitution. If the Commission files formal charges, a public hearing is held. The Commission then makes a recommendation to the Supreme Court which could be dismissal of the charges or censure, suspension or removal of the judge. Only the Supreme Court can make the final decision of dismissal or discipline of the judge."

http://courts.oregon.gov/cjfd/Pages/index.aspx

It's also going to take longer to play out.

Response by CW4 Guy Butler made Sep 7 at 2015 7:37 AM

2015-09-07T07:37:01-04:00

Looks like the attempt might be made:

http://thehill.com/blogs/blog-briefing-room/news/251784-conservative-lawmaker-may-seek-vote-to-oust-boehner

The big problem is who could gather the votes to replace him?

Response by CW3 Private RallyPoint Member made Sep 7 at 2015 7:46 AM

2015-09-07T07:46:59-04:00

If he's not the only option, then I'd say leave this issue alone because he's doing this for the attention. Is he elected? Is he up for reelection? Is he hoping to parlay this into a political career?

Response by SrA Matthew Knight made Sep 7 at 2015 11:01 AM

2015-09-07T11:01:58-04:00

Now I must not fully understand penalties for some government officials because I am personally still confused at her arrest. I thought not doing your job just meant you got canned and replaced by someone that will.

Essentially regardless of whether I or anyone else agrees with him or not he either needs to conform and do what he is legally obligated to do or step down from his position.

Response by CPT Pedro Meza made Sep 8 at 2015 3:07 PM

2015-09-08T15:07:29-04:00

The judge will not be penalized because it is not in his job description, performing marriages is a volunteer aspect.

Response by SPC Andrew Griffin made Sep 8 at 2015 3:14 PM

2015-09-08T15:14:39-04:00

He Most Certainly will! If the law requires him to do so!

Response by PO1 Glenn Boucher made Dec 3 at 2015 5:36 PM

2015-12-03T17:36:52-05:00

Non story really as he refuses to perform any marriages at all. I think he is looking for attention for whatever reason.