Windy City Media Group Frontpage News
Celebrating 30 Years of Gay Lesbian Bisexual and Trans News
home search facebook twitter join
Gay News Sponsor
About WCMG Publications News  Entertainment Features Donate Bars & Clubs Calendar Archives OUT! Guide    Marriage

Sponsor


  WINDY CITY TIMES

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

This article shared 3249 times since Thu Feb 14, 2019
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


This article shared 3249 times since Thu Feb 14, 2019
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

Lawsuit filed regarding trans exclusion for health benefits
2020-11-24
Lambda Legal and Sirianni Youtz Spoonemore Hamburger PLLC filed a federal lawsuit challenging Blue Cross Blue Shield of Illinois' (BCBSIL's) administration of a blanket exclusion of gender-affirming care in an ...


Gay News

NATIONAL Conversion therapy, LGBTQ deaths, Pantene, Ralph Lauren
2020-11-23
A federal appeals court overturned a lower court ruling and struck down local ordinances prohibiting licensed therapists from practicing the debunked "conversion therapy" on minors, out.com reported. The U.S. Court of Appeals for the Eleventh Circuit ...


Gay News

WORLD European Union, groundbreaking case, Caster Semenya
2020-11-23
The European Union announced its first strategy to protect the rights of LGBTQ+ people, out.com noted. Many saw the development as a response to the rising anti-LGBTQ+ hate and rhetoric in Poland and Hungary. The new ...


Gay News

11th Circuit Court rules on conversion therapy protections, groups respond
2020-11-20
--From a press release - ATLANTA, GA — Today, in a split decision, a three-judge panel of the Eleventh Circuit issued a decision today striking down local laws in Boca Raton and Palm Beach County, Florida protecting minors from undergoing conversion ...


Gay News

GLAAD: 81% of LGBTQs voted for Biden
2020-11-20
GLAAD released the findings of its 2020 Post-election Poll of LGBTQ registered voters. The findings included a phenomenal turnout of the LGBTQ vote, a surge of first-time LGBTQ voters, an overwhelming vote for President-elect Joe Biden, ...


Gay News

Lopez's office vandalized again
2020-11-20
A brick was thrown through the front window of Chicago Ald. Raymond Lopez's Southwest Side office Nov. 19—the fourth instance of vandalism targeting his properties this year (including three times in July), The Chicago Sun-Times reported. ...


Gay News

Lambda Legal files diversity-based suit against Trump executive order
2020-11-18
On Nov. 16, Lambda Legal urged a federal district court to bar the Trump administration from implementing its recent executive order that prohibits federal contractors and grantees from conducting workplace diversity trainings or engaging in grant-funded ...


Gay News

Hate crimes rise to highest level in a decade
2020-11-17
The FBI revealed that hate-crime reports in the United States surged in 2019 to the highest level since 2008, CNN.com reported. The new figures indicate that hate crimes reported to the FBI by law enforcement agencies ...


Gay News

National Black Justice Coalition welcomes new directors
2020-11-16
--From a press release - WASHINGTON, DC — This week, the National Black Justice Coalition (NBJC) announced two new senior level hires, Victoria Kirby York, MPA, and Dr. Kia Darling-Hammond. Their leadership and experience will ...


Gay News

NATIONAL Political news, gay adoptive father, judges, Houston bar
2020-11-16
Adrian Tam, a 28-year-old gay Asian American son of immigrants, defeated a leader of the Hawaii chapter of the Proud Boys, a far-right extremist group, to become the only openly LGBTQ person in Hawaii's legislature, NBC ...


Gay News

WORLD Trans deaths, China census, Rob Halford, Hungary measure
2020-11-16
Globally, at least 350 transgender people have been killed this year (2020)—a figure that has risen since last year's total of 331, Forbes noted. The annual list, released for Transgender Day of Remembrance (Nov. 20) by ...


Gay News

Billy Masters
2020-11-16
"You can't say that marriage is a union between one man and one woman. Until very recently, that's what the vast majority of Americans thought. Now it's considered bigotry."—Supreme Court Justice Samuel Alito. So much for ...


Gay News

Civil rights, LGBT groups challenge extreme punishment of gay man for texts
2020-11-12
--From a press release - NEW YORK, NY — On Nov. 9, 2020, the Center for HIV Law and Policy (CHLP) filed an amicus brief with the Supreme Court of Virginia in support of Galen Baughman, a young gay man at ...


Gay News

Healthcare for tens of millions, including LGBT elders, at stake in Supreme Court hearing
2020-11-10
--From a SAGE press release - Today, the Supreme Court hears yet another case challenging the Affordable Care Act (ACA). This challenge takes up whether eliminating the penalty for not having health insurance makes the individual ...


Gay News

Number of COVID-19 cases among Cook County Circuit Court employees updated
2020-11-09
The Office of the Chief Judge has announced that four employees and two judges have tested positive for COVID-19. One judge works at the Leighton Criminal Courthouse, while the other judge works in the Cook County ...


 



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
Sponsor


 



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


About WCMG      Contact Us      Online Front  Page      Windy City  Times      Nightspots      OUT! Guide     
Identity      BLACKlines      En La Vida      Archives      Advanced Search     
Windy City Queercast      Queercast Archives     
Press  Releases      Join WCMG  Email List      Email Blast      Blogs     
Upcoming Events      Todays Events      Ongoing Events      Bar Guide      Community Groups      In Memoriam      Outguide Categories      Outguide Advertisers      Search Outguide      Travel      Dining Out      Privacy Policy     

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.