Augoeides

Saturday, March 17, 2018

Oregon Judge Suspended

Fundamentalist Christians really have a hard time living with the rest of us. I suppose it's no surprise that they work so hard to build their own completely isolated communities in which nothing but explicitly Christian things are ever allowed to intrude. Patheos reported on Thursday that much like what happened to Roy Moore in Alabama, a conservative Christian judge in Oregon has been suspended for refusing to follow the law and perform (civil, it should be noted) same-sex marriages.

Judge Vance Day, the former chair of Oregon’s Republican Party and a conservative Christian who claims his religious beliefs don’t allow him to marry same-sex couples, has been suspended for three years without pay by the Oregon Supreme Court for his refusal to marry same-sex couples. Pacific Northwest News reports:

"The Oregon Supreme Court on 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, first appointed in 2011 to the bench in Marion County Circuit Court, committed 'willful misconduct' and made 'willful misstatements' to investigators to cover up the truth. 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, the Supreme Court said."

Previously, the Oregon Commission on Judicial Fitness and Disability issued a scathing report urging the state Supreme Court to remove Judge Vance Day from the bench. The 48-page report details what it described as a long list of ethical and even criminal missteps it found Day committed. Among the most egregious was the commission’s finding that Day refused to marry same-sex couples and told his office staff to lie about why.

The absolutely most confusing thing about all these stories to me is that we're not talking about religious marriage. We're talking about civil marriage. Nobody is out there forcing churches that don't approve of same-sex marriage to perform ceremonies - and let me tell you, if the government ever started doing anything like that, they'd get a lot of flack from even progressive me.

I suppose it has to do with the belief held by some conservative Christians (the poor oppressed variety, naturally) that there really is no separation of church and state in the Constitution, but that belief is just wrong. A conservative Christian judge who lets a same-sex couple sign a piece of paper meaning they're married in the eyes of the state is not committing a sin. Presumably, to his or her church the marriage is just invalid.

So this is absolutely the right thing for the state of Oregon to be doing. Day can't force everybody else to follow his religion - that's expressly prohibited by constitutional law. If he can't do his job because of his beliefs that's his choice, but he doesn't have a right to keep the job when he is unwilling to fulfill its required duties.

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