TOLEDO, OH (Toledo News Now) - On Friday, June 26, the U.S. Supreme Court ruled that same-sex marriages are legal across the country. On Monday, however, a Toledo-area couple alleges that they were denied a marriage ceremony by a Toledo Municipal Court Judge.
Carolyn Wilson says getting her marriage license from Lucas County Probate Court wasn't an issue.
"We went down to get married, went to the Probate Court, got our license, no problems," she said.
It was when she and her partner, now spouse, went to Municipal Court to be officially married by the Duty Judge.
"While we were waiting, the bailiff came out and asked to speak to us in the hallway. We were told at that time that Judge McConnell didn't do this type of wedding and we would have to go somewhere else," said Wilson. "She said he doesn't perform these type of marriages and that was left to interpretation. We didn't follow up; we made assumptions that it was based on same-sex."
Wilson says they specifically sought a public official to perform the marriage instead of a religious officiate.
"We took great precaution not to offend a minister, that's why we went to a judge to get married, never dreaming that he couldn't follow the law. That he wouldn't follow the law," she said.
That's when another Judge, Judge Connolly, was asked to perform the marriage, which he did.
Still, Wilson says her wedding day wasn't quite what they were imagining.
"To go through that experience when it's not pleasant and singles you out at a time in your life when you're celebrating the fact that you have the same right as everyone else, it's just not good. I don't want anyone else to go through it," she said.
Equality Toledo Executive Director Nick Komives says the incident goes against court rules, as the Toledo Municipal Court Duty Judge is required to perform marriage ceremonies between designated times.
Rule number three of the Toledo Municipal Court states that the Duty Judge will perform marriage ceremonies between 1:30 p.m. and 3 p.m. upon payment of the fee to the clerk of court, which was paid in this instance.
"The reality is these couples found out a little over a week ago that they're constitutionally protected to have the freedom to marry. This couple went to the courthouse to get married and they were turned away from having that opportunity and it's obviously not constitutional, it's wrong. We really want to make sure that this doesn't happen again for another couple," he said.
Rob Salem, Clinical Law Professor at the University of Toledo, says that legally, judges do not have discretion to discriminate against performing marriages like religious clergy do. Salem says Judge McConnell is violating the oath of office he made to apply the law fairly to all people.
Komives says he wasn't expecting this to happen in Toledo.
"I'm confident that this will be rectified and this won't occur again, because Toledo has historically been welcoming and open to LGBT people and we're hoping that that continues going forward," he said.
Equality Toledo will assure that the couple is aware of the available legal options and if they choose to file any grievances it will provide the support necessary.
For Wilson, an apology would be adequate, but she says the most important thing is that this doesn't happen again.
"I don't want anyone else to go through it. I don't know what has to happen down with municipal judges or with Judge McConnell, but no one should have to experience that when it's the law of the land. I'm entitled to get married just like anyone else," said Wilson.
Judge Connolly confirms that he did perform Carolyn Wilson's same-sex marriage on Monday. Calls to Judge McConnell have not yet been returned for
comment.
Statement from Lucas County Democratic Party:
Statement from Supreme Court of Ohio:
