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Judge refuses to marry gay couples in....Oregon?
Last place on earth I thought I'd see this coming from.
http://www.katu.com/news/investigato...324584151.html |
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What does that mean? It means that on average out of every 5 people there are 3 reasonable ones, and 2 batshit crazy right wingers. Now take a deep red state, that Obama lost by 20 points, 40-60. What does that mean? It means that again, on average out of every 5 people there are 2 reasonable ones, and 3 batshit crazy right wingers. So the difference between a deep blue and a deep red state is that on average one person out of five has a different worldview. |
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There are two questions here:
1. Does the judge have the discretion to perform marriages, or not? I'll take it as correctly reported that he does. 2. Given a judge chooses to perform marriages, does he then lose discretion to freely chose which marriages he will perform, and which he will not, and instead acquire a duty to marry all comers? I think not. I can't see discretion as a thing that legally comes and goes. If one has it, one has it. I can see a Justice of the Peace having a duty to marry any couple that shows up with a license. There should be someone to whom any socially-scorned couple can confidently turn. But judges, as holders of higher office of greater trust and dignity, may retain full discretion, I would say. What the law will be found to say I do not know. |
I'm just wondering what this judge thinks he is really going to accomplish other than his fifteen minute in the spotlight.
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Just as a landlord has discretion to whom he rents to and an employer has discretion on whom he hires it only takes denying a protected status once to create a lawsuit. In the judges defense, at least he decided not to perform ceremonies at all. His problem may arise out of the fact that he did officiate a few straight ceremonies after he quit performing ceremonies. I guess it will boil down to whether or not he actually refused any gay ceremonies and what reasons were given.
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