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The advisory
opinion was issued in response to inquiries from judges and a
judicial association seeking guidance, after a number of Ohio
judges refused to marry same-sex couple or halted civil
marriages altogether.
The opinion cited the June 26 U.S. Supreme Court Obergefell v
Hodges ruling that legalized gay marriage nationwide,
effectively invalidating Ohio's law prohibiting marriages not
between a man and a woman.
"A judge's unilateral decision to refuse to perform same-sex
marriages based on his or her own personal, religious, or moral
beliefs ignores the holding in Obergefell and thus, directly
contravenes the oath of office," it said.
The seven-page opinion said refusing to perform gay marriages
could bring into question a judge's impartiality in other
matters.
"For example, if a judge who has declined to perform same-sex
marriages is later assigned to hear a misdemeanor domestic
violence charge involving a same-sex couple, the judge's ability
to follow the law and impartially apply the domestic violence
laws could reasonably be questioned," it said.
The state Supreme Court issued the opinion after requests from
judges including Toledo Municipal Judge Allen McConnell.
McConnell refused to marry two women in July, and said in a
statement that his decision was based on his personal and
Christian beliefs. Another judge married the couple, and
McConnell sought an advisory opinion about whether he could opt
out of the rotation that would have him perform civil marriages.
(Editing by Fiona Ortiz and Mohammad Zargham)
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