Tuesday, August 11, 2015

"Follow the Law": Ohio Judges Must Perform Same-Sex Marriages

On Friday, August 7, the Ohio Supreme Court's Board of Professional Conduct issued an opinion entitled "Judicial Performance of Civil Marriages of Same-Sex Couples." The Board ruled:
A judge who exercises the authority to perform civil marriages may not refuse to perform same-sex marriages while continuing to perform opposite-sex marriages. A judge may not delcine to perform all marriages in order to avoid marrying same-sex couples based on his or personal, moral, or religious beliefs.
The Board's opinion is available at http://www.supremecourt.ohio.gov/Boards/BOC/Advisory_Opinions/2015/Op_15-001.pdf.

The Board of Professional Conduct is a 28-member body appointed by the Supreme Court of Ohio. It consists of 17 lawyers, seven judges, and four non-lawyers. One of the Board's duties is to issue advisory opinions on matters of attorney and judicial ethics. The Board does not issue a lot of opinions. In each of 2013 and 2014 it issued only four advisory opinions; in 2012 it issued three. The Board's recent opinion regarding a judge's duty to perform same-sex marriages was its first advisory opinion of 2015.

This opinion was triggered by the action of Toledo Municipal Judge C. Allen McConnell, who announced on July 6 that in light of his religious opposition to same-sex marriage he would refuse to perform those marriages, and that he had asked to be relieved of the duty to perform any marriages. See Toledo Judge Declined to Marry Couple Over Christian Beliefs: Same-Sex Couple's Marriage Delayed, Toledo Blade (July 8, 2015).

The Ohio Board of Professional Conduct does not have the power to interpret the law. It only has the authority to construe the various rules and ethical codes that govern the conduct of judges. However, those ethical rules require judges to perform their duties under the law impartially. The Board noted that the United States Supreme Court ruled in Obergefell v. Hodges that under the Constitution same-sex couples have the same right to marry as opposite-sex couples, and that this is therefore the law of the land. If a judge were to refuse to perform same-sex marriages it would be evidence of bias and prejudice that could disqualify a judge from deciding any case involving same-sex couples or sexual orientation. The Board said that the same would be true if a judge refused to perform any marriages at all after Obergefell; this too would be evidence of bias and prejudice.

The language used by the Board in its opinion was striking in several respects. First, the Board exhibited a high degree of respect towards same-sex couples. The Board consistently used the term "same-sex marriage," not "gay marriage" or "homosexual marriage," and the Board contrasted "same-sex marriage" with "opposite-sex marriage," not with "traditional marriage." Second, the Board did not elevate religious beliefs above moral or political or social or cultural beliefs. It consistently referred to "personal, moral, or religious beliefs" as inadequate to justify a judge from following the law.

More than 30 years ago I had the honor of serving as a law clerk to the Honorable Leo A. Jackson of the Eighth District Court of Appeals for the State of Ohio. Part of my responsibility was to assist him in researching the law. I cannot count the number of times that Judge Jackson instructed me to "follow the law." Follow the law.

Wilson Huhn is a Distinguished Professor Emeritus who taught Constitutional Law at the University of Akron School of Law for over 30 years.

41 comments:

  1. what can some one to when i judge ignores statues to bar disestablish paternity from day one and it is caught 2 years later?

    ReplyDelete
  2. Welcome to Egirlsindubai a upscale escort agency with a great selection Of Indian Pakistani Escort In Dubai,Russian Escort Service,Asian Escort Agency,Elite Turkish Escort Dubai,Dubai Independent Filinpino Escorts,Duabi Escorts,Escort In DUbai,Our Egirlsindubai has the ladies that make your time with them unforgettable regardless of what you do.please contact us on this number.+971551463206



    Dubai Escort Service //
    Model Escort In Dubai //
    Pakistani Hot Girls Escort In Dubai //
    Dubai Escort Agency //

    ReplyDelete
  3. Hello everyone on this platform, really nice post ever.
    I am very sexy Indian escorts in Dubai with a gorgeous natural body. I have a bright personality I am very friendly and I love to have nice experience and unforgettable moments. I offer top class Dubai escorts services and good service. For some favorites don't be shy and ask. I will be very discreet about anything what will happen between us. I’m sexy escorts in Dubai and I will provide you Blowjob without Condom, Sex in Different Positions, Dirty talk, Extra ball, Girlfriend Experience (GFE), Kissing.
    Call me, you will not be disappointed.

    ReplyDelete
  4. If you are feeling tired and wants to take some rest and get entertainment then gets our escort services. In Dubai a man always wishes to find best escorts in Dubai which makes him happy and relax. Indian escorts in Dubai are very stylish, beautiful, hot and bold and lots of people always wish to get best Dubai escorts. If you are in Dubai and as well want to obtain any Indian escorts in Dubai so, it is very easy and simple for you now.
    Indian Call Girls in Dubai

    ReplyDelete
  5. If you are feeling tired and wants to take some rest and get entertainment then gets our escort services +971552300726. In Dubai a man always wishes to find best escorts in Dubai which makes him happy and relax. Indian call girls in Dubai are very stylish, beautiful, hot and bold and lots of people always wish to get best Dubai escorts. If you are in Dubai and as well want to obtain any Indian escorts in Dubai so, it is very easy and simple for you now.

    ReplyDelete
  6. Top Escorts Dubai is for those who are looking for best escorts in Dubai. Some people always like Indian call girls in Dubai and they always love to get their favorite one. Our escort agency in Dubai present high class ladies companions in Dubai. Our Indian escorts in Dubai are very beautiful. Attractive and stylish and they always attracts to others with their body language and smooth touch.

    ReplyDelete
  7. Hello, I discovered your post it’s truly helpful for me. It helped me all the way in in finishing my task; I am also giving a reference connection of your blog in my business. I shall be very thankful to you for posting such an informative content. Keep posting.
    Indian escorts in Dubai
    Dubai escorts

    ReplyDelete
  8. Hello everyone, thank you Admin to allow me it’s really honor for me be a part of your blog. There is no comparison of your blog keep it up. There are huge Escorts in Dubai from our Dubai Royal Escorts agency which provide their best escorts services in Dubai; they make your desires true as you want.
    Indian Escorts in Dubai
    Pakistani Escorts in Dubai

    ReplyDelete
  9. I truly appreciate this site. I’ve been looking everywhere for this! Thank God I found it on your blog. You’ve made my day! Thank you again.
    Indian escorts in Dubai
    escorts in Dubai

    ReplyDelete
  10. I just found your blog and these are hilarious! You have a lot of interesting ideas to improve blogs. so Thanks for your blog and your great ideas.
    Indian escorts in Dubai
    Dubai escorts

    ReplyDelete
  11. You have really good work that kind of platform which I found from last two days and my search is end at your blog so thank you for sharing us great kind of information, Dubai Royal Escorts agency provide you escorts in Dubai in which all kinds of escorts from around the world.
    Indian Escorts in Dubai
    Pakistani Escorts in Dubai
    Russian Escorts in Dubai

    ReplyDelete
  12. Thank you sharing your knowledge with us, If you are in Dubai and you want entertain your nights with beautiful partner then our Top Escorts Dubai agency is consider best escort agency in Dubai. Our escorts in Dubai provide you her best escort services in Dubai as you want from them, they are all well known how to satisfied and happy their clients.
    Indian Escorts in Dubai
    Model Escorts in Dubai
    Dubai Escorts

    ReplyDelete
  13. Welcome to the most popular and affordable escorts agency “Dubai escorts club” +971569772862. We have the high quality and beautiful Dubai escorts like Pakistani escorts in Dubai and Indian escorts in Dubai. Our fabulous escorts in Dubai present different kinds of services to customers so don’t waste your time just contact us and book your favorite escort girl right now.
    Indian escorts in Dubai
    escorts in Dubai
    Dubai escorts

    ReplyDelete
  14. Hello hi i shell be very thankful to you for this incredible campaign. Indian escorts in Dubai saying that your blog is very impressive and certainly a fantastic piece of work. if you are thinking about Dubai escorts they are all encourage you for this great peace of work.
    Indian escorts in Dubai
    Dubai escorts

    ReplyDelete
  15. Desi Escorts in Dubai ensure excellent nights, shaking bed, perpetual vitality to respectable men. Essentially surrender to UAE escorts get the finest fulfillment you will get from me will be the satisfaction that you have ever get in your life from anyone else if you want to really get assured of it so you should have to avail our services in manner of rules here.
    Call Mr. Kumar for booking this girl +971 55 8308893

    indian escorts in ajman
    indian escorts in sharjah

    indian escorts in uae

    Indian Call Girlrs in dubai

    ReplyDelete
  16. If you are in Dubai and you want to meet with gorgeous Dubai escorts then our escorts agency Dubai escorts club is best way for your dating entertainments +971569772862. Because we have up to date Asian escorts these are Indian escorts in Dubai and Pakistani escorts in Dubai.
    Indian escorts in Dubai
    escorts in Dubai

    ReplyDelete
  17. Escorts Edge +971563848260 provides excellent service with young girls living in Dubai, Soft smooth brunette skin, characteristic body and erects B cup bosoms delicate full kissable lips. Indian Escorts In Dubai is exceptionally torrid and confident – in a suggestive sense too adores inventive and delayed foreplay, and shared joy fulfills him extremely
    Dubai Escorts
    Escorts In Dubai
    Indian Escorts In Dubai

    ReplyDelete
  18. Our young Dubai Escorts ladies in Dubai offer you with a genuine GFE in UAE along these lines, that you never at any point overlook their alluring organization. For rates of Dubai escorts and bookings please get in touch with us.
    Indian Escorts in Dubai
    Escorts in Dubai
    Dubai Escortrs

    ReplyDelete
  19. She all looks attractive and hot. They are looking flawless and clean. They benefit give like move kissing and numerous others likewise great and happiness capable. Rush and call for booked your fantasy young lady.
    Indian Escorts In Dubai
    Indian Escorts In Dubai
    Indian Escorts In Dubai

    ReplyDelete
  20. Escort Edge +971563848260 models are to an awesome degree creative and will do anything to surpass your desires, as it has reliably been their top need. Our Indian Escorts In Dubai delicious young women will have your heart for forever! Escorts In Dubai office has a fabulous reputation in giving first class escorts above various associations Dubai Escorts. We pride ourselves on having a wide super hot determination of astonishing, stylish escort models that are to an extraordinary degree conspicuous and doubtlessly comprehended by their prominent brilliance and neighborly attitude to our clients.

    ReplyDelete
  21. Much obliged to you for your blog post. Really looking forward to read more. Need more.
    indian escorts in dubai

    ReplyDelete
  22. We deal an Indian Indian Escorts In Dubai everybody know the eminence of Indian young women. They are well known Dubai Escorts. Each and every Indian young woman are proficient she play as your certifiable sweetheart and like your honest to goodness life partner.

    ReplyDelete
  23. Sometime Queen of Escorts competitors also appreciate us on our updated service. We also well known in Indian Model Escorts in Dubai. Our other famous categories are Student Escorts, Model Escorts, Pakistani, Turkish and Russian Escorts also Indian Escorts in Dubai.
    Dubai Escorts
    Indian Escorts in Dubai
    Escorts in Dubai
    Dubai Escorts
    Escorts in Dubai

    ReplyDelete
  24. As a site proprietor I trust the material here is really fantastic. I thank you for your efforts. You ought to keep it up until the end of time! Good luck…
    Indian Escorts in Dubai
    Dubai Escorts

    ReplyDelete
  25. We got a book from our nearby library yet I think I gained better from this post. I'm exceptionally happy to see such heavenly information being shared freely out there…
    Indian Escorts in Dubai

    ReplyDelete
  26. i love indian models in dubai. that provides best envirement for entertainment. you can b contact us +971561616995 adn visit this site
    Entainment in dubai

    ReplyDelete
  27. you posting is really nice, you have such a nice stuff thanks for posting and sharing with us thanks again.
    Indian Escorts in Dubai
    Escorts in Dubai
    Dubai Escorts

    ReplyDelete
  28. Queen of Escorts one of the largest group of Indian Escorts in Dubai services providers now you can meet with your favorite national Escorts in Dubai we have vast collection of Dubai Escorts if you are searching here Pakistani Escorts in Dubai or any other like Russian Escorts in Dubai
    Turkish Escorts in Dubai
    Student Escorts in Dubai we have all kind of call girls in Dubai now you meet and spend beautiful time with hot and sexy Girls in Dubai

    ReplyDelete
  29. Appreciate the effort behind putting up such an informative content. Interested to have it once more. Will get back to it soon.
    Greetings from :
    Escorts in Dubai
    Pakistani Escorts in Dubai
    Indian Escorts in Dubai

    ReplyDelete
  30. We have sexy Russian,Filipino,Indian,Pakistani Call Girls in Dubai.Cheap rates night massage independent models escort service contact +971523202298.
    Pakistani Escort in Dubai
    Indian Escort in Dubai
    Russian Escort in Dubai
    Model Escort in Dubai
    Cheap Escort in Dubai
    Massage Escort in Dubai
    Filipino Escort in Dubai

    ReplyDelete
  31. Get away your loneliness and make your visit unforgettable with one of our Escorts in Dubai all of our girls professionals on their work they know how to relax you and will relax you well Indian Escorts in Dubai famous by their sexy figure and fitness beauty end of our Escorts. Pakistani Escorts in Dubai well manner girls and professionals on their work fix meeting with one of our sexy Escort you will never forget for a long time. Make your time memorable with one of our Escort you will be enjoy.
    Visit our keyword cloud for more services:
    Pakistani Escorts in Dubai
    Escorts in Dubai
    Indian Escorts in Dubai

    ReplyDelete
  32. We are hired Escorts in Dubai famous by their work and sexy figure Indian Escorts in Dubai are most professionals and educated they know about their work that how to relax you fix date with one of our Escort you will never forget for a long time Indian Pakistani Escorts in Dubaibeauty of the city make you time memorable with our Escort.
    For more details, Visit:
    Escorts in Dubai
    Indian Escorts in Dubai
    Pakistani Escorts in Dubai
    Indian Pakistani Escorts in Dubai

    ReplyDelete
  33. New girls hired by our agency in 2017 girls like angels beauty of the city fix meeting with Escorts in Dubai and make your time pleasurable. Indian Escorts in Dubaigirls like you dreaming behave like friends fix date with one of them you will wish to meet her again and again. Indian Indian Pakistani Escorts in Dubaiwork us by their own interest know their job well hire one of Escort and enjoy.
    Visit our keyword cloud for more detailed:
    Indian Escorts in Dubai
    Escorts in Dubai
    Pakistani Escorts in Dubai
    Indian Pakistani Escorts in Dubai

    ReplyDelete
  34. Indian Escorts in Dubai new girls are hired by our agency most sexy and silly girls, they are ready to follow your rules. Escorts in Dubaihire one of our Escort taste make your trip more memorable with them Russian Escorts in Dubai work us by their own interest professionals on their work. Indian Pakistani Escorts in Dubai girls that you want, that you need, girls like you dreaming , innocent our Escorts will cross all limits for your satisfactions and you will be wish to meet her again and again.
    Visit our keyword cloud for more detailed:
    Indian Escorts in Dubai
    Escorts in Dubai
    Pakistani Escorts in Dubai
    Russian Escorts in Dubai
    Indian Pakistani Escorts in Dubai

    ReplyDelete
  35. you did awesome work on your Blog i was searching from last few days of this type of Blog now i found your Blog its useful for us to develop our work i really appreciate your work.
    please keep us update from your new posts,
    Greeting from;
    Indian Escorts in Dubai
    Escorts in Dubai
    Pakistani Escorts in Dubai

    ReplyDelete
  36. We got a book from our close-by library yet I think I increased better from this post. I'm uncommonly upbeat to see such glorious data being shared openly out there…
    dubai escorts

    ReplyDelete
  37. Dubai Models is a biggest female escort office in Dubai and gives the so select, hot, attractive and extreme sexual escort benefit in Dubai for the fascinating folks. The organization gives much sort of female escort benefits as Dubai Escorts, Dubai Marina Escorts, Deira Dubai Escorts, Indian Escorts, Pakistani Escorts, Sharjah Escorts in Dubai, Dhabi Escorts and that's only the tip of the iceberg.

    ReplyDelete
  38. God bless you admin
    please keep is update.
    i must say thank you for the work that you done.
    you done great work i appreciate your work.
    greeting from.
    Indian Escorts in Dubai
    Escorts in Dubai
    Pakistani Escorts in Dubai
    Russian Escorts in Dubai

    ReplyDelete
  39. I must say thank you for the work that you done,
    I really appreciate your work that you done on your Blog Content. its useful for us to develop our work,
    thanks behalf of:
    Indian Escorts in Dubai
    Escorts in Dubai
    Pakistani Escorts in Dubai
    Indian Pakistani Escorts in Dubai

    ReplyDelete
  40. i must say thank you for the work did you done, i was searching for last few days this type of site but now i find this one useful for us to develop our work.
    thanks behalf of:
    Indian Escorts in Dubai
    Escorts in Dubai
    Pakistani Escorts in Dubai
    Indian Pakistani Escorts in Dubai

    ReplyDelete

I cheerfully concede, for the sake of argument only, my every shortcoming and limitation. In commenting please address the merits of my arguments.