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NY Query over Same-Sex Marriage

By John Caher

Can a judge refuse on religious grounds to perform same-sex marriages? The question has been posed by an unidentified judge in a query to the state courts' Advisory Committee on Judicial Ethics, but the answer remains unclear as the panel sidestepped the core issue and offered little guidance in an opinion released in early January.

In Opinion 11-87, the ethics committee says judges do not have to perform weddings at all, and can limit those they do perform to friends and relatives. But it declined to opine on whether a judge can conduct traditional marriages and refuse to sanction same-sex unions because of his or her religious principles.

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