Guess Who Didn’t Go to Jail?

Guess Who Didn’t Go to Jail? September 4, 2015

Photo Source: Flickr Creative Commons by Chris Potter https://www.flickr.com/photos/86530412@N02/
Photo Source: Flickr Creative Commons by Chris Potter https://www.flickr.com/photos/86530412@N02/

How about when the shoe is on the other foot?

From Daily Mail:

An openly-gay judge has said she is refusing to perform marriage ceremonies until same-sex couples can wed.

Dallas County Judge Tonya Parker says she won’t use her power to perform legal marriage ceremonies in her court because would be ‘an oxymoron’ for her.

Speaking to a meeting of Stonewall Democrats of Dallas, she said: ‘I use it as my opportunity to give them a lesson about marriage inequality in this state because I feel like I have to tell them why I’m turning them away.’

Judge Parker said if asked to perform wed a couple, she would say: ‘I’m sorry. I don’t perform marriage ceremonies because we are in a state that does not have marriage equality, and until it does, I am not going to partially apply the law to one group of people that doesn’t apply to another group of people.’

Read more: http://www.dailymail.co.uk/news/article-2105958/Openly-gay-Judge-refuses-marry-straight-couples-sex-couples-rights.html#ixzz3kmfU4wf6
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13 responses to “Guess Who Didn’t Go to Jail?”

  1. Fascinating, Rebecca. Thanks. I’ve been having intense discussion about the Kim Davis case, and so I threw this out to see what the response would be.

  2. Well, first of all, bad on the Judge, but second – surely you know the difference between a County Clerk refusing to issue a license which she is obliged to do for all who meet the legal requirements – and a Judge who is authorized, but not obligated to perform a wedding ceremony for anyone who requests it of him, right.

    You aren’t being just a little bit disingenuous here, are you?

  3. of course she didnt go to jail. no judge is required to perform a marriage ceremony. It’s a power she has, not an obligation. This not like Kim Davis at all.

  4. There are lots and lots of these incidents. I think the law now depends on whose foot the shoe is on. Not a good sign for a representative democracy.

  5. This is not same as the Kim Davis issue. From the article:

    ‘Performing marriage ceremonies is not a duty that I have as the Presiding Judge of a civil district court.

    ‘It is a right and privilege invested in me under the Family Code. I choose not to exercise it, as many other Judges do not exercise it.

    ‘Because it is not part of our duties, some Judges even charge a fee to perform the ceremonies.

    ‘I do not, and would never, impede any person’s right to get married.’

  6. It’s not equivalent, though.

    Judges have the right to perform marriages; they don’t have the requirement to do so as part of the job.

    From the article:

    ‘Performing marriage ceremonies is not a duty that I have as the Presiding Judge of a civil district court.

    ‘It is a right and privilege invested in me under the Family Code. I choose
    not to exercise it, as many other Judges do not exercise it.

    ‘Because it is not part of our duties, some Judges even charge a fee to perform the ceremonies.

    ‘I do not, and would never, impede any person’s right to get married.’

    Whereas, issuing marriage licenses to legally qualified applicants is a major part of the duties of the Rowan County Office of Clerk of the Court. And Ms Davis not only refused to issue some licenses herself, she forbade her staff to do so either, in direct defiance of a superior court order, thus opening herself to contempt-of-court charges.

    I knew that you’re a legislator — and a lawyer? — and I’m not, but I can’t see where Judge Parker did anything to neglect her official duties or defy a court order.

    Judge

  7. Thank you for the clarity. There have been many falsehoods and false analogies spread on the Internet lately. We need to keep truth in the forefront always.

  8. The clerk is required to issue licenses to all who qualify under law.

    The judge is not required to perform marriages.

  9. Plenty of people can officiate at weddings: clergy, notaries public, justices of the peace, ship’s captains, etc. But in Kentucky, only a county clerk can issue a marriage license. That’s why they’re legally required to do so, in all cases where the parties are legally eligible.

    See the difference?

  10. And there are plenty of counties in Kentucky where the clerk is willing and ready to issue a license. I suspect that couple from Ohio dove through a few on their way Rowan County.