Oregon Judge Refuses to Perform Same-Sex Marriages

[Dos Equis]

The man chose to perform no weddings, but that's not good enough for extremists. 

OREGON JUDGE REFUSES TO PERFORM SAME-SEX MARRIAGES
BY JONATHAN J. COOPER
ASSOCIATED PRESS
Sep 5, 2015

SALEM, Ore. (AP) -- 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.

When a federal court ruling in May 2014 made same-sex marriage legal in Oregon, Day instructed his staff to refer same-sex couples looking to marry to other judges, spokesman Patrick Korten said Friday.

Last fall, he decided to stop performing weddings altogether, aside from one in March that had long been scheduled, Korten said.

"He made a decision nearly a year ago to stop doing weddings altogether, and the principal factor that he weighed was the pressure that one would face to perform a same-sex wedding, which he had a conflict with his religious beliefs," Korten said.

In an email, Day declined to comment and referred questions to Korten.

The issue of same-sex weddings is "the weightiest" of several allegations against Day that are being investigated by the Commission on Judicial Fitness and Disability, Korten said.

He declined to detail any of the allegations, saying he didn't want to defy the commission, which considers complaints confidential until it is ready to make them public.

The investigation of Day's conduct comes amid heightened national attention to the responsibilities of public officials who oppose same-sex marriage. Kim Davis, a county clerk in Kentucky, went to jail Thursday because of her refusal to issue marriage licenses to same-sex couples.

Last month, the Ohio Supreme Court's Board of Professional Conduct said judges can't refuse to marry same-sex couples on personal, moral or religious grounds.

Judges who stop performing all marriages to avoid marrying same-sex couples may be interpreted as biased and could be disqualified from any case where sexual orientation is an issue, the Ohio board ruled.

The investigation of Day came to light Thursday when the Oregon Government Ethics Commission - a separate entity from the judicial fitness commission - approved the judge's request to create a legal defense fund to pay his lawyers.

Day, a former chairman of the Oregon Republican Party, was appointed to the bench in 2011 by then-Gov. John Kitzhaber, a Democrat.

Day's move concerned Jeana Frazzini, co-director of the gay-rights group Basic Rights Oregon.

"Taking that kind of a step really calls into question how an LGBTQ person could expect to be treated in a court of law," Frazzini said. "It goes beyond marriage and gets to serious questions about judicial integrity."

http://hosted.ap.org/dynamic/stories/U/US_SAME_SEX_MARRIAGE_JUDGE?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2015-09-05-03-09-33

[Straw Man]

The man chose to perform no weddings, but that's not good enough for extremists. 

OREGON JUDGE REFUSES TO PERFORM SAME-SEX MARRIAGES
BY JONATHAN J. COOPER
ASSOCIATED PRESS
Sep 5, 2015

SALEM, Ore. (AP) -- 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.

When a federal court ruling in May 2014 made same-sex marriage legal in Oregon, Day instructed his staff to refer same-sex couples looking to marry to other judges, spokesman Patrick Korten said Friday.

Last fall, he decided to stop performing weddings altogether, aside from one in March that had long been scheduled, Korten said.

"He made a decision nearly a year ago to stop doing weddings altogether, and the principal factor that he weighed was the pressure that one would face to perform a same-sex wedding, which he had a conflict with his religious beliefs," Korten said.

In an email, Day declined to comment and referred questions to Korten.

The issue of same-sex weddings is "the weightiest" of several allegations against Day that are being investigated by the Commission on Judicial Fitness and Disability, Korten said.

He declined to detail any of the allegations, saying he didn't want to defy the commission, which considers complaints confidential until it is ready to make them public.

The investigation of Day's conduct comes amid heightened national attention to the responsibilities of public officials who oppose same-sex marriage. Kim Davis, a county clerk in Kentucky, went to jail Thursday because of her refusal to issue marriage licenses to same-sex couples.

Last month, the Ohio Supreme Court's Board of Professional Conduct said judges can't refuse to marry same-sex couples on personal, moral or religious grounds.

Judges who stop performing all marriages to avoid marrying same-sex couples may be interpreted as biased and could be disqualified from any case where sexual orientation is an issue, the Ohio board ruled.

The investigation of Day came to light Thursday when the Oregon Government Ethics Commission - a separate entity from the judicial fitness commission - approved the judge's request to create a legal defense fund to pay his lawyers.

Day, a former chairman of the Oregon Republican Party, was appointed to the bench in 2011 by then-Gov. John Kitzhaber, a Democrat.

Day's move concerned Jeana Frazzini, co-director of the gay-rights group Basic Rights Oregon.

"Taking that kind of a step really calls into question how an LGBTQ person could expect to be treated in a court of law," Frazzini said. "It goes beyond marriage and gets to serious questions about judicial integrity."

http://hosted.ap.org/dynamic/stories/U/US_SAME_SEX_MARRIAGE_JUDGE?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2015-09-05-03-09-33

got news for you Bum

This judge and people like him are the extremists (and I suspect that probably includes you as well)

[Irongrip400]

Guy should resign his position. If he doesn't think he can enforce the law without prejudice, he should step down.

[Dos Equis]

Guy should resign his position. If he doesn't think he can enforce the law without prejudice, he should step down.

He isn't refusing to enforce the law.  He isn't required to perform marriages.  He is declining to perform all of them. 

[Irongrip400]

He isn't refusing to enforce the law.  He isn't required to perform marriages.  He is declining to perform all of them. 

I don't know what his job requirements are, but if they entail performing marriages he should do it or step down. If not, he's just outed himself as a jackass, but should be able to keep his job. I will say however, he is opening himself up to a world of hurt should a gay defendant come across his bench.

[Dos Equis]

I don't know what his job requirements are, but if they entail performing marriages he should do it or step down. If not, he's just outed himself as a jackass, but should be able to keep his job. I will say however, he is opening himself up to a world of hurt should a gay defendant come across his bench.

I think judges are authorized, but not required, to perform marriages?  If that's true, he doesn't need to quit. 

There are a number of people who saw these kinds of things coming.  The worst is yet to come. 

[Irongrip400]

I think judges are authorized, but not required, to perform marriages?  If that's true, he doesn't need to quit. 

There are a number of people who saw these kinds of things coming.  The worst is yet to come. 

That's the thing though. You sign up for a job, you do your job. If a law comes out that changes the parameters of that job, you either change or find employment somewhere else. It's like if I was a plumber that only installed sinks, and all of a sudden one day my boss said I had to plunge shitty toilets too. I'd find another job. There's nothing wrong with plunging shit, someone's got to do it, it just wouldn't be me. The way these people, like that ficking flight attendant, don't want to do what is required of them really pisses me off.

[Dos Equis]

That's the thing though. You sign up for a job, you do your job. If a law comes out that changes the parameters of that job, you either change or find employment somewhere else. It's like if I was a plumber that only installed sinks, and all of a sudden one day my boss said I had to plunge shitty toilets too. I'd find another job. There's nothing wrong with plunging shit, someone's got to do it, it just wouldn't be me. The way these people, like that ficking flight attendant, don't want to do what is required of them really pisses me off.

Not really.  You don't have to check your convictions at the door.  If it's possible to respect someone's personal beliefs and still allow them to do their job, then that is what should happen.  We don't have a "my way or the highway" approach when it comes to Constitutionally protected beliefs and practices in this country.

And what's the big deal about the flight attendant?  Why in the world can't they just let some other attendant serve alcohol?  Unless it's a tiny commuter flight, every flight has multiple attendants.    

[240 is Back]

if he's not required, then screw it. 
if he is required, then he should do it.

I hear huck yelling about how important the constitution was... i wanted to take a shit and mail it to every Huck supporter in America, but I didn't have to shit 4 times.

[Dos Equis]

Oregon judge faces ethics probe over Hitler portrait, same-sex nuptials
Published September 10, 2015
FoxNews.com


Marion County Circuit Court Judge Vance Day. (Fox 12 Oregon)

An Oregon judge facing an ethics investigation for refusing to perform same-sex weddings is accused of hanging a painting of Adolf Hitler in the Marion County courthouse, among other allegations, the Oregon Commission on Judicial Fitness and Disability announced Tuesday.

According to Fox 12 Oregon, Judge Vance Day says the painting was meant to be a tribute to a local serviceman who fought in World War II, but took the painting down after about a week when a fellow judge suggested it could be deemed offensive.

“It was [the serviceman’s] and we overlaid that with various pieces, and the purpose was to show that a young, vibrant democracy of citizen soldiers could overcome a fascist dictator like Adolf Hitler,” Day told the station.

Six allegations against Day were revealed in a press release. He is accused of violating several rules from the Code of Judicial Conduct, which includes a requirement that judges “observe high standards of conduct.”

The allegations cover a variety of scenarios, including Day’s behavior at his son’s soccer game, interactions with a former Navy Seal, and his personal beliefs about same-sex marriage.

Specifically, the former Chairman of the Oregon Republican Party is accused of telling his staff to direct same-sex wedding applications away from his office to other judges. Day admits to shying away from same-sex marriage applications because of his personal religious beliefs, but claims that doing so does not represent misconduct of any kind.

“Under Oregon law, it is not the job of a judge to marry people,” Day told Fox 12 Oregon.  “It’s a permissive action.  So the word the statute used is ‘may,’ not ‘shall.’”

The complaint also alleges he allowed a veteran on multiple occasions to handle guns even though he knew the man had a felony conviction on his record. Under Oregon law, felons are prohibited from possessing a weapon.

Day is also accused of making false statements to investigators and fellow judges when pressed about the allegations against him.

Day denies he broke ethics rules and says the proceedings violate his constitutional rights to free speech, free association and religious expression, specifically his Christian beliefs. And after reviewing the complaint, he says he believes the accusations have more to do with politics than the judicial process. He’ll be seeking dismissal of all charges.

"It appears that the commission has thrown everything in but the kitchen sink," Day told The Associated Press. "The clear issue that they're after me on is that I had stopped doing weddings because I have a firmly held religious conviction."

Day and the accusations levied against him will be the subject of a public hearing on November 9.

The Associated Press contributed to this report.

http://www.foxnews.com/politics/2015/09/10/oregon-judge-who-refuses-to-perform-same-sex-weddings-accused-hanging-hitler/?intcmp=hplnws

[Vince G, CSN MFT]

The man chose to perform no weddings, but that's not good enough for extremists. 

OREGON JUDGE REFUSES TO PERFORM SAME-SEX MARRIAGES
BY JONATHAN J. COOPER
ASSOCIATED PRESS
Sep 5, 2015

SALEM, Ore. (AP) -- 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.

When a federal court ruling in May 2014 made same-sex marriage legal in Oregon, Day instructed his staff to refer same-sex couples looking to marry to other judges, spokesman Patrick Korten said Friday.

Last fall, he decided to stop performing weddings altogether, aside from one in March that had long been scheduled, Korten said.

"He made a decision nearly a year ago to stop doing weddings altogether, and the principal factor that he weighed was the pressure that one would face to perform a same-sex wedding, which he had a conflict with his religious beliefs," Korten said.

In an email, Day declined to comment and referred questions to Korten.

The issue of same-sex weddings is "the weightiest" of several allegations against Day that are being investigated by the Commission on Judicial Fitness and Disability, Korten said.

He declined to detail any of the allegations, saying he didn't want to defy the commission, which considers complaints confidential until it is ready to make them public.

The investigation of Day's conduct comes amid heightened national attention to the responsibilities of public officials who oppose same-sex marriage. Kim Davis, a county clerk in Kentucky, went to jail Thursday because of her refusal to issue marriage licenses to same-sex couples.

Last month, the Ohio Supreme Court's Board of Professional Conduct said judges can't refuse to marry same-sex couples on personal, moral or religious grounds.

Judges who stop performing all marriages to avoid marrying same-sex couples may be interpreted as biased and could be disqualified from any case where sexual orientation is an issue, the Ohio board ruled.

The investigation of Day came to light Thursday when the Oregon Government Ethics Commission - a separate entity from the judicial fitness commission - approved the judge's request to create a legal defense fund to pay his lawyers.

Day, a former chairman of the Oregon Republican Party, was appointed to the bench in 2011 by then-Gov. John Kitzhaber, a Democrat.

Day's move concerned Jeana Frazzini, co-director of the gay-rights group Basic Rights Oregon.

"Taking that kind of a step really calls into question how an LGBTQ person could expect to be treated in a court of law," Frazzini said. "It goes beyond marriage and gets to serious questions about judicial integrity."

http://hosted.ap.org/dynamic/stories/U/US_SAME_SEX_MARRIAGE_JUDGE?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2015-09-05-03-09-33

That the very least of the reasons why people don't like him
http://www.oregonlive.com/pacific-northwest-news/index.ssf/2015/09/hitler_picture_among_new_alleg.html

[Coach is Back!]

got news for you Bum

This judge and people like him are the extremists (and I suspect that probably includes you as well)

Because degrading the White House with  rainbow lights hours after it was passed isn't extreme.

 

[240 is Back]

Because degrading the White House with  rainbow lights hours after it was passed isn't extreme.

 

maybe if the repubs had won the white house in 2008 or 2012, they could have chosen the color.

However, since more than 50% of the nation is liberal, a liberal was chosen which represented their views. 

Since the majority of americans (gallup has it at 60%) support gay marriage, the rainbow colors you saw were actually representative of the majority of americans.

you should convince 51% of the country to join your beliefs - then there would be no more rainbows.




http://www.gallup.com/poll/117328/marriage.aspx

[Coach is Back!]

maybe if the repubs had won the white house in 2008 or 2012, they could have chosen the color.

However, since more than 50% of the nation is liberal, a liberal was chosen which represented their views. 

Since the majority of americans (gallup has it at 60%) support gay marriage, the rainbow colors you saw were actually representative of the majority of americans.

you should convince 51% of the country to join your beliefs - then there would be no more rainbows.




http://www.gallup.com/poll/117328/marriage.aspx

You mean if they weren't cheated out of the election?

[240 is Back]

You mean if they weren't cheated out of the election?

even the republicans here on getbig laugh at any conspiracy theory that obama stole his 2 landslide wins.


Desperate...

[TuHolmes]

Is it optional for judges to perform weddings? I assume it's not an absolute requirement.

If so, then sure, don't perform any and I have no issue here.

[Irongrip400]

That the very least of the reasons why people don't like him
http://www.oregonlive.com/pacific-northwest-news/index.ssf/2015/09/hitler_picture_among_new_alleg.html

After looking at the actual portrait and hearing his explanation, I don't have any real issue with it. It probably wasn't the smartest thing to do, but it wouldn't bother me.

[Dos Equis]

After looking at the actual portrait and hearing his explanation, I don't have any real issue with it. It probably wasn't the smartest thing to do, but it wouldn't bother me.

I agree. 

[LurkerNoMore]

You mean if they weren't cheated out of the election?

Cheated?  HAHAHAHAHA.  You will make any excuse to calm the voices in your head down huh?

[obsidian]

I don't know what his job requirements are, but if they entail performing marriages he should do it or step down. If not, he's just outed himself as a jackass, but should be able to keep his job. I will say however, he is opening himself up to a world of hurt should a gay defendant come across his bench.

Homosexuals are a tiny percentage of the population. Like it or not, they are an aberration, a defect if you will. A glitch in nature.

So he has his own beliefs and decided to not perform marriages all together. He can also "recuse" himself from being involved in any cases where homosexuals are involved because he may be deemed to be biased. Since they are a small minority it should not happen often, unless these homos actively seek him out to "prove a point".

This homo agenda has gotten way out of hand. But nature will come to the rescue in the end. Don't worry about that. The homo agenda is at it's peak. We have peak homosexuality now. But this will not last.

[Dos Equis]

Judge Vance Day -- who wouldn't marry same-sex couples -- suspended for 3 years
By Aimee Green agreen@oregonian.com
The Oregonian/OregonLive

The Oregon Supreme Court Thursday took the unusual step of suspending a sitting state court judge -- Vance Day of Salem -- for three years.

The high court found that Day -- a Marion County Circuit Court judge -- had committed "willful misconduct" and made "willful misstatements" to investigators to cover-up the truth. Among Day's misdeeds, the Supreme Court found that Day acted with prejudice against same-sex couples by deciding he wouldn't marry them -- and he instructed his staff to employ a scheme to avoid "public detection" of his plan.

Among "exceptionally serious" misconduct, the Supreme Court found that Day falsely claimed that he didn't know a man that he supervised on probation was a felon. Day allowed that man to handle a gun twice in his presence -- even though Day had told the man in court that he was forbidden from handling firearms, the court found.

The court also found that Day lied about being assaulted by a referee or sports official at his son's Chemeketa Community College soccer game.

"We conclude that a lengthy suspension is required, to preserve public confidence in the integrity and impartiality of the judiciary," reads the court's opinion.

The court said Day's pattern of making "false statement" suggests that he "is not trustworthy."

Janet Schroer, an attorney for Day, said that she was still reading and digesting the 91-page opinion. She said had no immediate comment for her client, but planned to have one soon.

Day has been a lawyer in Oregon since 1991. He was appointed to the bench in 2011 by then-Gov. John Kitzhaber, and elected to a full six-year term in November 2012 -- meaning his term would have expired later this year, anyway.

But a three-year suspension is a grave dishonor in the legal profession, and he will not be able to run for re-election during that time. He also will not be paid for the remainder of his term.

Going forward, the Oregon State Bar could seek to have Day disbarred as a lawyer or otherwise disciplined.

Day has been fighting accusations of judicial unfitness since as early as 2013.

The Oregon Commission on Judicial Fitness and Disability had recommended Day's removal from office.

In January 2016, the commission issued a scathing report recommending Day's removal from his judicial position. The commission found that he had “engaged in a pattern of dishonesty" to cover up a wide array of misdeeds.

Among the commission’s findings:

Day refused to marry same-sex couples; Day encouraged and allowed a felon to handle a gun; Day included a portrait of Adolf Hitler as part of a "Hall of Heroes" artwork display he erected in the Marion County Courthouse; and he shoved his judicial business card at his son’s soccer referee in an attempt to intimidate the referee into backing off.

During oral arguments made to the state Supreme Court last June, Day's lawyers defended his actions on many fronts. They said their client did not want to marry same-sex couples because of his deeply held religious beliefs, and Day's beliefs are constitutionally protected. Day's lawyers also acknowledged that he'd made some mistakes, but none that warranted removal from the bench.

Day hadn’t been hearing cases since November 2016, when he was arraigned on felony and misdemeanor accusations that he provided a gun to a felon on two occasions and used his position to obtain a benefit in 2013 and 2014. Day is scheduled to go to trial in April and has vigorously denied he committed any crimes.

Meanwhile, he had been working from home -- doing research and other non-judicial tasks, as assigned. He had been drawing his full, legislatively set salary of $124,468 per year.

The Supreme Court has the power to punish judges who it finds in violation of professional codes of conduct. The punishment in Day's case could have been as light as a public reprimand or severe as removal from office.

Check back on OregonLive.com for more on today’s Supreme Court decision.

Read the Supreme Court's decision here.

http://www.oregonlive.com/pacific-northwest-news/index.ssf/2018/03/oregon_supreme_court_xxxx_judg.html

[mazrim]

He can come live on my sanctuary street and continue his duties. Also, all those with ar-15s are welcome.