California Court finds ban on same-sex mariage in violation of constitution

[DaemonSeid]

Meanwhile, in Texas, she is following the law...so what's the problem?

[DeltaBetaBaby]

Originally Posted by DaemonSeid

Meanwhile, in Texas, she is following the law...so what's the problem?

I am a very strong supporter of marriage equality, and I think that this is not right. This is, in my mind, similar to pharmacists refusing to fill prescriptions for birth control or taxi drivers refusing to transport alcohol. If you are licensed by the government to do a job, you should not be able to refuse to do that job.

[Senusret I]

Originally Posted by DeltaBetaBaby

I am a very strong supporter of marriage equality, and I think that this is not right. This is, in my mind, similar to pharmacists refusing to fill prescriptions for birth control or taxi drivers refusing to transport alcohol. If you are licensed by the government to do a job, you should not be able to refuse to do that job.

That is not the same thing. Judges may perform marriages. They dont have to.

As the article says, her choice is consistent with the law.

[DZsis&mom]

Originally Posted by Senusret I

Judges may perform marriages. They dont have to.

People would be surprised to know that most "Court House Marriages" are performed by clergy who on call for that particular day or a notary. Very few Judges actually perform marriage ceremonies.

[Senusret I]

Originally Posted by DZsis&mom

People would be surprised to know that most "Court House Marriages" are performed by clergy who on call for that particular day or a notary. Very few Judges actually perform marriage ceremonies.

I am indeed surprised to learn that. Can all notaries perform weddings?

[MysticCat]

Originally Posted by Senusret I

I am indeed surprised to learn that. Can all notaries perform weddings?

It varies from state to state who can preside at marriages. Where I live, neither notaries nor judges can preside at weddings. Magistrates can, though.

Originally Posted by DeltaBetaBaby

I am a very strong supporter of marriage equality, and I think that this is not right. This is, in my mind, similar to pharmacists refusing to fill prescriptions for birth control or taxi drivers refusing to transport alcohol. If you are licensed by the government to do a job, you should not be able to refuse to do that job.

She's not "licensed" by the state to do a job. It's quite different from a pharmacist or taxi driver.

She is a judge, an official of the state who acts on behalf of the state. She only has the authority that the state has given her. If the state does not recognize same-sex marriages, then she has no judicial authority to preside at a same-sex ceremony. Were she to do so, it would by definition have to be in her private capacity, not in her capacity as a judge, which presumably is the capacity that allows her to preside over weddings to begin with.

[Munchkin03]

Originally Posted by Senusret I

I am indeed surprised to learn that. Can all notaries perform weddings?

I think it's a state-by-state case. My parents were married by a notary in Florida, where notaries can indeed perform marriages (this is as of the early 70s--no clue what it is now). In NYS, a notary cannot perform a marriage.

ETA: Judge Google just told me that only three states allow notaries to perform marriages--and Florida is still one of them. Maine and South Carolina are the other two.

[AOII Angel]

Originally Posted by Munchkin03

I think it's a state-by-state case. My parents were married by a notary in Florida, where notaries can indeed perform marriages (this is as of the early 70s--no clue what it is now). In NYS, a notary cannot perform a marriage.

ETA: Judge Google just told me that only three states allow notaries to perform marriages--and Florida is still one of them. Maine and South Carolina are the other two.

LOL. When we consult Google for medical questions we call it Google Hospital.