Judge who won't perform gay weddings also hung Hitler picture in courthouse, ethics complaint says
An Oregon judge who refused to perform same-sex marriages is facing ethics charges that also allege he hung a picture of Adolf Hitler in the courthouse.
The judge, Vance Day of Marion County, says he is being targeted because of his Christian beliefs. The Hitler picture, he says, was part of a collage honoring Americans’ triumph over fascism. The Associated Press, Oregon Live and NBC News have stories.
A hearing on the charges is scheduled for Nov. 9, according to a statement outlining the ethics charges by the Oregon Commission on Judicial Fitness and Disability. Day’s response to the allegations is here.
According to the commission, Day ordered staffers to screen wedding applicants to make sure they weren’t of the same sex before deciding to stop performing marriages altogether. The commission also alleges that Day:
• Collected money from lawyers, some of whom appeared in his Veterans Treatment Court, to sponsor veteran-related wall hangings in the courthouse. Day says he collected money on behalf of a charitable organization, and some of the donors were lawyers. He also admits that some of the wall hangings identified donors, including individuals who appeared before him.
• Produced a business card showing he is a judge while complaining about a referee at his son’s soccer game, and made false statements about a soccer official grabbing him by the shoulders and forcefully throwing him forward during another soccer game. Day says he produced the business card in response to a request, and his allegations about the physical contact are true.
• Allowed a veteran to handle a firearm and falsely stated he was unaware the veteran had a felony conviction. On one occasion, the veteran handled a gun while performing work at the home of Day’s daughter. On another, he handled a gun owned by Day’s son when Day and his son were at the veteran’s home. Day says he was aware that the veteran couldn’t possess weapons because of a felony conviction, and he gave an “inartful” response in response to a question about his knowledge. He says he was at the veteran’s home to repair his only source of heat.
In a counterclaim, Day argues the ethics charges are unconstitutionally vague and they violate his rights of free speech and association under the Oregon Constitution.
Day spoke with the Associated Press about the complaint. “It appears that the commission has thrown everything in but the kitchen sink,” he told the wire service. “The clear issue that they’re after me on is that I had stopped doing weddings because I have a firmly held religious conviction.”
