Tuesday, October 09, 2018

Certiorari Denied In Suspension of Oregon Judge Who Refused To Perform Same-Sex Weddings

The U.S. Supreme Court today denied review in Day v. Oregon Commission on Judicial Ethics, (Docket No. 18-112), certiorari denied 10/9/2018). (Order List.)  In the case, the Oregon Supreme Court suspended Judge Day from office without pay for three years on six different charges, one of which was refusing to solemnize same-sex marriages. (See prior posting.) The petition for certiorari included the following among the questions presented:
Whether the Oregon Supreme Court, and certain Oregon ethical rules, violated the Free Exercise and Free Speech clauses of the First Amendment when he declined, on the basis of his sincerely-held religious beliefs,to perform the non-mandatory judicial function of solemnizing same-sex marriages.
Other filings in the case with the Supreme Court are available from the online docket.