OLYMPIA – A Christian judge in Washington was recently reprimanded by the state Judicial Conduct Commission for refusing to officiate same-sex ‘weddings.’
Thurston County Superior Court Judge Gary Tabor had made met with court employees following last year’s election, which legalized the practice in Washington, and informed his colleagues that he did not feel comfortable with performing homosexual ceremonies. An attendee of the meeting leaked Tabor’s comments to reporters, who in turned contacted the judge for further explanation.
Tabor reiterated that he did not wish to participate due to “philosophical and religious reasons,” and advised that his decision was a personal conviction and not the official position of the court. He stated that he believed that as long as other judges were in place to officiate the ceremonies, that he could choose to decline. Judges are not required to perform weddings, but should they choose to avail their services to the public, Washington state bars justices from turning away homosexuals.
Due to continued scrutiny over the matter, Tabor soon decided to decline requests to officiate ceremonies of any kind and get out of the marriage business altogether.
However, in May of this year, the state Judicial Conduct Commission filed a Statement of Allegations against Tabor after receiving complaints that accused him of violating state anti-discrimination laws. Earlier this month, it released its official admonishment, which served as a warning to the judge that his refusal was illegal.
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This admonition is disturbing. I think it represents an inappropriate enforcement of an approved orthodoxy which will brook no dissent. Judge Tabor privately advised court administration about his religious opposition to administering vows to gay couples. Some unhappy malicious individual couldn’t stand that somebody had a view on gay marriage different from the official orthodoxy and sought to punish Judge Tabor for his heresy by leaking it to media who were happy to make it public. Judge Tabor is an ethical and conscientious jurist who applies the law regardless of his personal views . That is the judicial imperative as judges must always uphold the law unless it is repugnant to the Constitution. All judge tabor did in this instance was to privately express that his scruples made him uncomfortable solemnizing gay marriages. If his scruples were anything other than catechism of the church–ie politics, animal rights, environmentalism, or any other approved form of dissent– he would not be singled out for public correction. I understand there are judicial canons and judges rights of expression are somewhat curtailed but I sense just a bit of persecution in this public gibbeting of Judge Tabor for daring to dissent from the state sanctioned orthodoxy. I still believe there should be room for a judge or anyone to be excused from an act that runs afoul of their genuinely held religious principles.