State law gives judges and county supervisors the right to perform civil marriage ceremonies; however, in the wake of the Supreme Court ruling that legalized same-sex marriages in all 50 states, many of those local officials have decided to no longer perform ceremonies for any couple.
Those decisions are acts of petulant defiance of what is now the law of the land.
Most troubling is the refusal by justice court judges to perform these ceremonies.
According to state law, judges “may” perform ceremonies, and many judges have exercised this option to avoid performing same-sex wedding ceremonies. Their motives are obvious: The judges had routinely performed marriage ceremonies before the Supreme Court ruling.
In June, before the ruling, justice court judges performed eight of 10 civil marriages in Lowndes County. Since the ruling they have completed none.
They’re not alone.
Of the 22 Lowndes, Oktibbeha and Clay judges and supervisors reached by The Dispatch in the past week, only four said they would continue to perform marriage ceremonies.
Clearly, judges have allowed their personal beliefs about same-sex marriage to dictate how they perform their sworn duties. In doing so, they have crossed a line.
It is important to remember the marriages judges perform are civil ceremonies, not religious. As such, a judge’s personal religious views are irrelevant. A judge is expected to fulfill the law of the land without prejudice.
Even those who may object to same-sex marriage must see the danger is establishing a precedent that allows a judge to make decisions based on personal convictions.
Is a Baptist entitled to “more justice” than a Catholic based on where the judge spends his Sunday mornings? Could a judge refuse to perform a marriage for an atheist couple? Can a Muslim expect to be treated fairly in a court presided over by a Methodist judge?
No fair-minded person would accept this kind of discrimination.
As of June 26, the law of the land tells us same-sex couples have a Constitutionally-protected right to be married.
Judges who use the loophole that allows them to refuse to conduct all marriages in an effort to avoid presiding over same-sex marriages, violate the public trust.
Performing marriage ceremonies is an accepted part of a judge’s duties.
It is time for judges to set aside their personal views and do their jobs.
The Dispatch Editorial Board is made up of publisher Peter Imes, columnist Slim Smith, managing editor Zack Plair and senior newsroom staff.
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