Summary
Syracuse City Court Judge Felicia Pitts Davis refused to officiate a same-sex wedding, citing religious beliefs.
Another judge, Mary Anne Doherty, performed the ceremony.
Pitts Davis’ actions, considered discriminatory under New York judicial ethics and the Marriage Equality Act, are under review by the State Commission on Judicial Conduct
Per the NY bar, “you can get married by signing a written contract of marriage witnessed by two or more people. The contract must be acknowledged in front of a New York judge by the parties and witnesses.” Doesn’t sound like much more than acknowledging the process and signing the form by the judge. Is that art?
If you’re not willing to do part of a job (officiating at all NY-legal marriages) then don’t take the job. Or quit when you realize you won’t do the job.
Judging by the picture in the article, the judge wasn’t just a passive participant who was standing nearby and watching, or sitting in an office and signing a document.
Yes, because in order for the marriage to happen, you need an officiant to ask some questions of both parties and confirm that they know what they signed and that it was all above board. That is not a performance, that is standard court procedure and the minimum requirement to get married.
As I said if it was simply signing the next paper in the stack you’d be right. But she was asked to perform the wedding. That’s something else entirely.