The apparent refusal of a Syracuse City Court Judge to marry a same sex couple last month is prompting numerous calls for an investigation or her resignation. The matter has been referred to the State Commission on Judicial Conduct.
The story was first reported by Syracuse.com, and detailed how judge Felicia Pitts-Davis married a heterosexual couple, but cited religious beliefs when she refused to officiate the marriage of two women.
Jimmy Monto is President of CNY Pride. He says it sheds doubt on the fairness of all decisions made by this judge
“If you take that bias with you into your job, then the job for you is not sitting judge," Monto said. “If you're hanging your hat on the idea that being gay is against your religion and you're dragging your religion onto the bench where it does not belong, then I would believe anything from a parking ticket all the way up to a homicide with everything in between…you cannot fairly look at that person without being biased.”
Under state law, judges are authorized, but not obligated to perform marriages. But Monto says that same law says judges who do officiate can’t discriminate.
“She can choose to not marry anybody," Monto said. "But instead what she chose to do is come into the courthouse, marry a heterosexual couple, and then step down off the bench and have another judge come in and marry the gay couple.”
Monto says lost in the political debate is what should be a joyous and perfectly legal occasion.
“It's someone’s wedding day being ruined or potentially being ruined," Monto said. "So when we think about that, this judge's actions could have ruined what is one of the most amazing days of people's lives.”
Elected leaders from the Syracuse Mayor and Auditor to Governor Kathy Hochul have sharply criticized Judge Pitts-Davis. The state Unified Court System confirmed with WAER News that the state commission on Judicial Conduct is looking into the matter, but declined to answer specific questions.
Here's the full statement from spokesperson Al Baker:
"The Unified Court System is aware of the allegations and has referred the matter to the State Commission on Judicial Conduct. Discrimination of any kind is not tolerated by the UCS. Under New York Law, Judges are authorized, but not obligated, to perform marriages. Judges who choose to perform marriages may not unlawfully discriminate when deciding which couples they will marry. Judges with questions about the propriety of their proposed conduct in these matters are encouraged to seek guidance from judicial supervisors and the UCS Advisory Committee on Judicial Ethics."
