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Syracuse judge refuses to perform marriage for same-sex couple: ‘It was real weird’
(www.syracuse.com)
this post was submitted on 05 Dec 2024
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Officiating a marriage is a "performance". A kind of art. It's not substantially different than giving a speech, acting on stage, or playing music. And forcing people to perform something they don't believe in, is wrong.
Would it be right to commission a Muslim painter to paint Mohammed, then sue them when they refuse on religious grounds? Would it be right to tell them they have to do it, because they chose to paint portraits for a living?
If it was simply signing another document on a stack with a dozen others, that would be different. There is no art or creativity there. But telling somone they have to give a performance they aren't comfortable with, is wrong. You don't force actors to do love scenes against their will. This is substantially the same.
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.