Windy City Media Group Frontpage News

THE VOICE OF CHICAGO'S GAY, LESBIAN, BI, TRANS AND QUEER COMMUNITY SINCE 1985

home search facebook twitter join
Gay News Sponsor Windy City Times 2021-03-03
DOWNLOAD ISSUE
Donate

Sponsor
Sponsor

  WINDY CITY TIMES

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

This article shared 3437 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 3437 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

WORLD Ghana turmoil, Malaysia case, Copenhagen 2021, Brazil churches
2021-02-28
Anti-gay outcry has forced Ghana's first LGBT+ community center to temporarily close to protect its staff and visitors three weeks after it opened, Reuters reported. Church groups, politicians and anti-gay rights groups have called on the ...


Gay News

Equality Act would provide federal civil rights protections to 13M LGBTs
2021-02-26
--From a press release - Today, the U.S. House of Representatives passed the Equality Act, federal legislation that would expressly prohibit discrimination based on sexual orientation and gender identity under existing civil rights laws. LGBT ...


Gay News

One-third of gay, bisexual men who take PrEP discontinue within three years
2021-02-25
--From a press release - Familiarity and favorable attitudes towards PrEP have increased over time, though use remains low A new study from the Williams Institute at UCLA School of Law finds a significant increase in familiarity with pre-exposure prophylaxis (PrEP) ...


Gay News

Advocates, legislators introduce bill to decriminalize HIV in Illinois
2021-02-25
--From a press release - SPRINGFIELD, IL - Legislation was introduced in Springfield this week to end criminal penalties against people living with HIV (PLWH), which serve only to stigmatize and discriminate against PLWH. Current Illinois law makes legal behavior — ...


Gay News

Newman, Taylor Greene clash over Equality Act
2021-02-25
Illinois U.S. Rep. Marie Newman's push to pass the Equality Act—a law that would ban discrimination against LGBTQ Americans—has put her at odds with controversial Georgia Republican Marjorie Taylor Greene, according to The Chicago Tribun ...


Gay News

1.3 million adult immigrants in the US identify as LGBT
2021-02-23
--From a press release - LGBT immigrants are more often male and younger compared to all immigrants in the country An estimated 1,274,500 LGBT foreign-born adults live in the U.S., including 289,700 who are undocumented and 984,800 who are documented, according ...


Gay News

Gov. Pritzker signs legislation transforming Illinois criminal justice system
2021-02-22
--From a press release - CHICAGO — Building on efforts to create a more equitable and safe criminal justice system, Governor JB Pritzker signed landmark legislation that transforms Illinois' criminal justice system. This landmark legislation ...


Gay News

NATIONAL Virginia items, Marriott CEO, Black LGBTQ+ icons, trans kids' book
2021-02-21
Virginia lawmakers are about to roll back a state law that allows faith-based adoption and foster-care agencies to refuse service to LGBTQ families, VirginiaMercury.com reported. The legislation has spurred heated ...


Gay News

WORLD Canadian groups, Moroccan refugee, LGBT+ Rights Ghana, trans heroine
2021-02-21
From $400,000 in funding for a national initiative aimed at expanding two-spirit advocacy, to $239,000 to improve LGBTQ youth housing access in the Prairies, 76 Canadian community groups are being sent nearly $15 million from the ...


Gay News

Commission: Jamaica should repeal same-sex ban
2021-02-18
The Inter-American Commission on Human Rights (IACHR), the top rights body of the Americas, said in a symbolic landmark ruling on Feb. 17 that Jamaica should repeal its colonial-era gay sex ban, Reuters reported. Two Jamaicans ...


Gay News

NATIONAL: Missing gay man, paramedic's suit, Equality Act, Bayard Rustin
2021-02-14
San Francisco police are seeking the public's help finding a gay man who went missing, seemingly without a trace, The Bay Area Reporter noted. The mother of Christopher J. Woitel, 50, last heard from him Jan. ...


Gay News

WORLD School items, Olympics, Angola law, Dutch senate
2021-02-14
Toronto's Catholic school board reinstated the link to an LGBT support phone line on its website following outrage from the community, according to Yahoo! News, citing The Canadian Press. The school board removed LGBT YouthLine from ...


Gay News

Man charged with vandalizing Ald. Lopez's office
2021-02-13
A man has been charged with spray-painting the office of Chicago Ald. Raymond Lopez, according to a Chicago Sun-Times item. Antonio Torres, 28, of the 3900 block of South Artesian Avenue, was arrested and charged with ...


Gay News

PASSAGES Robert Thomas Cichocki, J.D. dies at 70
2021-02-11
Robert Thomas Cichocki, J.D., passed away peacefully at home in Chicago's Lake View neighborhood on Feb. 5. He was 70. After earning his B.A. from Wayne State University and his J.D. from The John Marshall Law ...


Gay News

HUD to enforce act prohibiting discrimination on sexual orientation, gender identity
2021-02-11
--From a press release - WASHINGTON—The U.S. Department of Housing and Urban Development (HUD) today announced that it will administer and enforce the Fair Housing Act to prohibit discrimination on the basis of sexual orientation and gender identity. HUD's Office ...


 



Copyright © 2021 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


 



Donate


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.