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 Pre-order Book!
Pre-order Book!
Donate

Sponsor
Sponsor

  WINDY CITY TIMES

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

This article shared 3562 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 3562 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

Black Lives, Black Words Int'l Project, Writers Theatre to premier Ride Share
2021-05-13
--From a press release - Glencoe, IL— Black Lives, Black Words co-founders Reginald Edmund and Simeilia Hodge-Dallaway and Writers Theatre Artistic Director Michael Halberstam and Executive Director Kathryn M. Lipuma announce Ride Share, a new ...


Gay News

Federal judge hears incarcerated trans woman's motion
2021-05-13
On May 12, a federal judge heard an emergency motion in a case charging the Georgia Department of Corrections (GDC) with violating the constitutional rights of Ashley Diamond—a Black transgender woman currently incarcerated in a men's ...


Gay News

Ann Hampton Callaway releases 'Revelation'
2021-05-12
--From a press release - The latest in a string of singles, Ann Hampton Callaway, releases "Revelation", a song she composed to a Robert Frost poem which she kept in her jeans pocket when she was a teenager. Callaway wrote the ...


Gay News

LGBQ people six times more likely than general public to be stopped by police
2021-05-12
--From a Williams Institute press release - Nearly one in four LGBQ people say they are unlikely to call police in the future A new study by the Williams Institute at UCLA School of Law finds more LGBQ adults than people in the general United States population have ...


Gay News

UK to ban conversion therapy
2021-05-11
Britain will move to ban conversion therapy and provide more support to those in the LGBT community who have undergone the treatment, as part of its post-pandemic government agenda, Reuters reported. Prime Minister Boris Johnson's government ...


Gay News

Unprecedented 18 anti-LGBTQ bills enacted in 2021
2021-05-11
--From a Human Rights Campaign press release - WASHINGTON, D.C. — With an unprecedented number of anti-LGBTQ measures sweeping through state legislatures across the country, 2021 has officially surpassed 2015 as the worst year for anti-LGBTQ legislation in ...


Gay News

Biden administration restores anti-bias protections, groups comment
2021-05-10
--From a press release - The following statement is from Susan R. Bailey, M.D., President, American Medical Association "The Biden administration did the right thing by terminating a short-lived effort to allow discrimination based on gender or sexual orientation when seeking ...


Gay News

HHS: Prohibition on sex discrimination includes sexual orientation, gender identity
2021-05-10
--From a press release - Washington D.C. — Today, the Department of Health and Human Services announced that the Office for Civil Rights will interpret and enforce Section 1557 and Title IX's prohibitions on discrimination based on sex to include: (1) ...


Gay News

WORLD Parenting news, Tonga activist, pension fight, drag personality
2021-05-09
A Croatian court has ruled that same-sex partners can now adopt children, backing a same-sex couple in their five-year fight for the right to family life, Openly News reported. On April 21, Zagreb's Administrative Court ruled ...


Gay News

NATIONAL Military bill, LGBTQ teen, trans deaths, Pride items, children's book
2021-05-09
New Jersey Gov. Phil Murphy signed a bill that directs the Department of Military and Veterans' Affairs in the Garden State to assist former Armed Forces service members who were denied an honorable discharge due to ...


Gay News

Refugee Coalition of East Africa calls for attention to anti-queer violence
2021-05-07
--From a press release - On May 17, the International Day Against Homophobia, Transphobia and Biphobia will be observed worldwide, followed by many celebrations of Pride in the month of June. We at the Refugee Coalition of East Africa will raise ...


Gay News

Utah Supreme Court upholds transgender rights
2021-05-06
--From a press release - Salt Lake City — On Thursday, May 6, the Utah Supreme Court ruled today In Re Gray and Rice (20170046) 2021 UT 13, and confirmed the right of transgender Utahns to change the name and gender ...


Gay News

CMSA files lawsuit against ex-treasurer, alleging fraud and misappropriation
2021-05-04
The LGBTQA local organization known as the Chicago Metropolitan Sports Association (CMSA) filed a five-count lawsuit May 4 in the Circuit Court of Cook County seeking damages and restitution from the former board treasurer Michael O. ...


Gay News

One-third of LGBTQ college students had housing disruption during COVID-19 pandemic
2021-05-04
--From a press release - A new study from the Williams Institute at UCLA School of Law conducted in collaboration with the Point Foundation, the nation's largest LGBTQ scholarship fund, finds that the COVID-19 pandemic has impacted the educational opportunities, financial ...


Gay News

WORLD Caribbean group, hate crime, 'Queen of the Pacific,' volcano wedding
2021-05-02
A Caribbean advocacy group launched a fund to help LGBTQ people who have been impacted by the eruption of a volcano on the island of St. Vincent, The Washington Blade reported. The Eastern Caribbean Alliance for ...


 



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.