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Judge who refused to perform same-sex marriages suspended for three years

Marion County Circuit Judge Vance Day has been suspended for three years on charges of misconduct.
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Marion County Circuit Judge Vance Day has been suspended without pay for three years on six charges of misconduct. Some of those are for his refusal to perform same-sex marriages.

According to LGBTQ Nation this is the longest suspension for judicial misconduct the court has ever handed down.

Back in 2014, same-sex marriage was legalized in Oregon but Judge Day refused to perform them, however, he continued to perform heterosexual ones. Day sent gay couples to other judges for nuptials.

In the wake of that controversy, Day said in 2015 he wouldn’t perform any marriages.

Day’s attorney argued that his client had every right to reject marriages that went against his “deeply held religious beliefs.”

The court opinion states, “He indisputably communicated to his staff his intention to treat same-sex couples differently from opposite-sex couples,”

“Those aspects of [his] misconduct suggested that he was not trustworthy; negatively affected his ability to serve in a court system that foundationally depends on truthful statements, and undermined the integrity of the judiciary and [his] character as a judge.”

Day is also facing criminal charges related to a gun incident in which he allowed a felon into the courtroom with a firearm.

“We are evaluating an appeal to the United States Supreme Court,” his attorney said.

Day has 14 days to file a petition for reconsideration with the state Supreme Court.