TOLEDO, OH (Toledo News Now) - Toledo Municipal Court Presiding Judge Michelle Wagner has issued a temporary order stating that all weddings will come directly to her or, in her absence, the acting presiding judge.
On Monday, Judge C. Allen McConnell refused to perform a same-sex couple's wedding, despite the United States Supreme Court's recent ruling that same-sex couple's have the right to be married in any state. Judge McConnell issued a statement apologizing to the couple and saying he declined because of his religious beliefs.
Judge Wagner's temporary order will override Toledo Municipal Court Rule Three, which designates the roles of duty judges, until the Ohio Supreme Court issues a clarification on whether a judge can opt out of performing the marriages.
"We anticipate it'll likely say, just as the law states, that they are required to perform marriages as prescribed by the law," said Nick Komives, executive director of Equality Toledo. "Judge McConnell and judges like him across the country have sworn an oath to the Constitution, and just a little over a week ago we discovered that marriage is a fundamental right and same-sex couples are permitted to practice that right."
On Thursday, the LGBT group Equality Toledo, along with local leaders and attorneys questioned the validity of Judge McConnell's refusal to perform the marriage, because the duty judge must perform legal marriages at the court. Attorneys say because the judge is a public official, he doesn't have the same discretion as religious clergy. They say he took an oath to uphold and apply laws both equally and fairly.
"It's not about me anymore," said Carolyn Wilson, whose marriage was refused by the judge. "It's other people who might experience this. It's wrong and I want it to stop. The Constitution is quite clear, the Supreme Court is quite clear. It's the law of the land. Judge McConnell is a judge and he needs to uphold the law of the land."
Equality Toledo rallied outside the municipal courthouse Thursday evening. Lucas County Commissioner Pete Gerken spoke at the rally and says although he has work with and respects Judge McConnell, the judge's refusal may diminish work that the city and county have done for the LGBT community over the past 15 years.
"When it comes to Judge McConnell, I served with him on council, he's a friend and a mentor," Gerken said. "I understand he has a conflict, but that's a conflict that's within his person and his faith. I respect his faith, but he needs to respect our laws. That's what he was hired to do. He's, for the decade that I've known him, a man of integrity. Please, Judge McConnell, maintain that integrity and do the law like the law says you're supposed to do."
Toledo City Council President Steve Steel also spoke at the rally Thursday. He says it was important for him to attend.
"It's very important that Toledo have the correct reputation," Steel said. "We are an inclusive community and I don't want one action and one mistake to change that reputation."
Steel says he believes it is not up to Judge McConnell to refuse a marriage.
"The sanctity of marriage is an equal protection under the law issue," he said. "No matter who two consenting adults are and who they love, they have the right to marry. I think that's unequivocal and I think we, as elected officials, have a responsibility to support that."
Until the Ohio Supreme Court issues a decision, Judge Wagner will perform all marriages.
"It is my privilege to do that," she said.
Judge Wagner says she doesn't want a situation where a couple is directed to a judge who refuses to perform a marriage.
"I was given no advance notice that anyone was not going to abide with the Supreme Court ruling," she said.
Judge Wagner says she wishes she would have been alerted that that was the case before a couple was refused, and she apologized to the couple on behalf of the court. She also says she will abide by and celebrate the Supreme Court's decision regarding same-sex marriage.
