Windy City Media Group Frontpage News
Celebrating 30 Years of Gay Lesbian Bisexual and Trans News
home search facebook twitter join
Gay News Sponsor Windy City Times 2020-09-16
DOWNLOAD ISSUE
About WCMG Publications News  Entertainment Features Donate Bars & Clubs Calendar Advertisers OUT! Guide    Marriage

Sponsor

  WINDY CITY TIMES

After landmark decision, ABA issues guidance for judges performing same-sex marriages
2019-02-14

facebook twitter google +1 reddit email


CHICAGO, Feb. 14, 2019 — The American Bar Association Standing Committee on Ethics and Professional Responsibility released today a formal opinion giving judges guidance related to their options for performing same-sex marriages under the Model Code of Judicial Conduct.

Formal Opinion 485 comes as states are implementing the 2015 U.S. Supreme Court decision in Obergefell v. Hodges, and incorporates guidance developed for judges in Ohio, Arizona and Nebraska. That landmark decision found the 14th Amendment of the U.S. Constitution prohibits states from refusing to license marriages between individuals of the same sex, and mandates that states recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state.

The formal opinion differentiates between the obligations of a judge whose performance of marriages is either mandatory or optional. In either case, Formal Opinion 485 said the Model Code of Judicial Conduct is violated "by refusing to perform marriages for same-sex couples while agreeing to perform marriages of opposite-sex couples."

If a judge is not obligated to perform marriages, the judge "may decline to perform all marriages for members of the public" while maintaining that prerogative for "family and friends," the opinion said. Still, the judge must be consistent and not discriminate based on sexual preference in performing those specific marriages.

"The public is entitled to expect that judges will perform their activities and duties fairly, impartially and free from bias and prejudice," Formal Opinion 485 says. "Further, while actual impartiality is necessary, it is not sufficient; the public must also perceive judges to be impartial. If state law authorizes or obligates a judge to perform marriages, a judge's refusal to perform same-sex marriages while agreeing to perform marriages for opposite-sex couples is improper" under the judicial model code.

The ABA Standing Committee on Ethics and Professional Responsibility periodically issues ethics opinions to guide lawyers, courts and the public in interpreting and applying ABA model ethics rules to specific issues of legal practice, client-lawyer relationships and judicial behavior. Formal Opinion 485 and other ABA ethics opinions are available on the ABA Center for Professional Responsibility website.

With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

—From a press release


facebook twitter google +1 reddit email





Windy City Media Group does not approve or necessarily agree with the views posted below.
Please do not post letters to the editor here. Please also be civil in your dialogue.
If you need to be mean, just know that the longer you stay on this page, the more you help us.


  ARTICLES YOU MIGHT LIKE

Gay News

NCLR condemns rush to replace Justice Ginsburg 2020-09-26 - SAN FRANCISCO, CA — Today, President Donald Trump announced the nomination of Amy Coney Barrett to replace Justice Ginsburg, only days after Justice ...


Gay News

Lambda Legal on probable Supreme Court nomination of Amy Coney Barrett 2020-09-26 - ( Washington, D.C., September 25, 2020 ) — In response to reports that President Trump intends to nominate Judge Amy Coney Barrett, currently ...


Gay News

Trump nominates Ginsburg successor, LGBTQs react 2020-09-26 - President Trump announced Sept. 26 his nominee to replace U.S. Supreme Court Justice Ruth Bader Ginsburg and, as expected, she is a jurist ...


Gay News

COVID-19 Indiana moving to Stage 5 of reopening 2020-09-24 - Indiana Gov. Eric Holcomb announced that the state will move to stage 5 of reopening as coronavirus trends continue to improve, WSBT.com reported. ...


Gay News

Chicago Bar Association releases 'Judge Smart Guide' 2020-09-23 - The Chicago Bar Association has released its evaluations for judicial candidates who are seeking election or retention to the Illinois Supreme Court, the ...


Gay News

Lambda officials weigh LGBTQ legal challenges ahead 2020-09-23 - Officials from the national LGBTQ-rights advocacy Lambda Legal held an online discussion Sept. 23 to discuss the implications for both the judiciary and ...


Gay News

Ruth Bader Ginsburg films out Sept. 25 2020-09-23 - As a tribute of U.S. Supreme Court Justice Ruth Bader Ginsburg's life and legacy, Focus Features and Magnolia Pictures will be re-releasing On ...


Gay News

Chicago releases outdoor dining guidelines for fall, winter 2020-09-22 - Keeping the COVID-19 pandemic in mind, the City of Chicago released guidelines for safe outdoor dining this fall and winter. All outdoor spaces ...


Gay News

Creating Change Conference to hold Oct. 10 day-long event, "Queering Racial Justice" 2020-09-21 - Sept. 21, 2020….Washington, DC…. The National LGBTQ Task Force and Creating Change will hold a day-long event ( 12:30 ET to 6:30 ET ...


Gay News

WORLD Barbados items, EU's criticism, Billie Jean King, Equality Act 2020-09-21 - Barbados is ready to grant legal status to same-sex couples, in a major breakthrough for gay rights lobbying in the Caribbean Community ( ...


 



Copyright © 2020 Windy City Media Group. All rights reserved.
Reprint by permission only. PDFs for back issues are downloadable from
our online archives. Single copies of back issues in print form are
available for $4 per issue, older than one month for $6 if available,
by check to the mailing address listed below.

Return postage must accompany all manuscripts, drawings, and
photographs submitted if they are to be returned, and no
responsibility may be assumed for unsolicited materials.
All rights to letters, art and photos sent to Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago
Gay and Lesbian News and Feature Publication) will be treated
as unconditionally assigned for publication purposes and as such,
subject to editing and comment. The opinions expressed by the
columnists, cartoonists, letter writers, and commentators are
their own and do not necessarily reflect the position of Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago Gay,
Lesbian, Bisexual and Transegender News and Feature Publication).

The appearance of a name, image or photo of a person or group in
Nightspots (Chicago GLBT Nightlife News) and Windy City Times
(a Chicago Gay, Lesbian, Bisexual and Transgender News and Feature
Publication) does not indicate the sexual orientation of such
individuals or groups. While we encourage readers to support the
advertisers who make this newspaper possible, Nightspots (Chicago
GLBT Nightlife News) and Windy City Times (a Chicago Gay, Lesbian
News and Feature Publication) cannot accept responsibility for
any advertising claims or promotions.

 

 

 

TRENDINGBREAKINGPHOTOS

Sponsor
Sponsor


 



About WCMG Publications News  Entertainment Features Donate Bars & Clubs Calendar Advertisers OUT! Guide    Marriage


About WCMG      Contact Us      Online Front  Page      Windy City  Times      Nightspots      OUT! Guide     
Identity      BLACKlines      En La Vida      Archives      Subscriptions      Distribution      Windy City Queercast     
Queercast Archives      Advertising  Rates      Deadlines      Advanced Search     
Press  Releases      Event Photos      Join WCMG  Email List      Email Blast     
Upcoming Events      Todays Events      Ongoing Events      Post an Event      Bar Guide      Community Groups      In Memoriam      Outguide Categories      Outguide Advertisers      Search Outguide      Travel      Dining Out      Blogs      Spotlight  Video     
Classifieds      Real Estate      Place a  Classified     

Windy City Media Group publishes Windy City Times,
The Bi-Weekly Voice of the Gay, Lesbian, Bisexual and Trans Community.
5315 N. Clark St. #192, Chicago, IL 60640-2113 • PH (773) 871-7610 • FAX (773) 871-7609.