Oregon Sup Crt considers sanctions for judge who screened out same-sex couples

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Lambda Legal blog:

Yesterday, Lambda Legal filed a friend-of-the-court brief with the Oregon Supreme Court arguing that it was unlawful for Judge Vance D. Day to devise a scheme to avoid marrying same-sex couples.Judge Day directed court staff to use the court record system to investigate whether couples wishing to marry were of the same sex and, if so, to represent that he was unavailable, rather than unwilling, to marry them.

“A judge puts on a robe—not a clerical collar—and has a duty to administer the law impartially,” said Peter Renn, senior attorney for Lambda Legal. “No public servant, whether a judge or county clerk, has the right to ‘screen out’ same-sex couples seeking to marry from access to government services on the basis of personal religious beliefs. Everyone who comes before a judge is entitled to receive fair and impartial treatment.”

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