I'm going to cut to the chase here. I made it very clear how I felt about Kim Davis. While I don't think she needs to be in jail she needs to be removed from office.
Now, while all of us of like mind are lecturing her about the lawful discharge of her duties, an openly lesbian judge in Texas had been quietly doing the same thing since 2012 regarding marriage ceremonies, until the Obergfell ruling legalized gay marriage across the United States this passed June. The judge presiding over the 116th District of Dallas County, Tonya Parker said in a Stonewall Democrats of Texas monthly meeting:
“So I usually will offer them something along the lines of, ‘I’m sorry. I don’t perform marriage ceremonies because we are in a state that does not have marriage equality, and until it does, I am not going to partially apply the law to one group of people that doesn’t apply to another group of people."
Ms. Parker. Your job was to duteously enforce the law, not issue opinions on it. You aren't a superior court judge. Not by a long shot. You're opining about discrimination against gay people, so in reciprocity, you proceeded to use your position to deny straight couples their marriage licenses.
You wanted equal rights for gay couples but would not treat straight couples equally. Judges are sworn to impartiality, and as such you betrayed your oath in doing so. You have made a mockery of the judicial practice by steeping to this position.
Now I'm going out on a limb here and saying that if we're going to come down on Davis for her dereliction of duty, it's only fair to expect that we do the same in regards of the Honorable Tonya Parker. We should expect all appointed or elected officials to duteously carry out their charge. ALL of them. So, if we're going to start throwing people in jail for this behavior, why isn't Ms. Parker in jail, too?
As a district court judge, she is authorized by Texas statute to perform marriage ceremonies. I must also correct myself, she doesn't issue licenses, she performs the ceremony. She is also prohibited as an authorized agent of marriage ceremony from discriminating against those otherwise competent to be married. Upon finding of such violation, she can be referred by the State Comission to the Supreme Court (of Texas) for removal from office.
First, this. She violated at least two parts of the Texas Code of Judicial Conduct which carries the weight of law:
Texas Code of Judicial Conduct, Rev. 9/22/02
Canon 3B (2)(5)(6)
B. Adjudicative Responsibilities
(2) A judge should be faithful to the law and shall maintain professional competence in it. A judge shall not be swayed by partisan interests, public clamor, or fear of criticism.
(5) A judge shall perform judicial duties without bias or prejudice.
(6) A judge shall not, in the performance of judicial duties, by words or conduct manifest bias or prejudice, including but not limited to bias or prejudice based on race, sex, religion, national origin, disability, sexual orientation or socioeconomic status, and shall not knowingly permits staff, court officials and others subject to the judge's direction and control to knowingly do so.
Canon 6B
Compliance with the Code of Judicial Code of Conduct
B. A County Judge who performs judicial functions shall comply with all provisions of this Code except the judge is not required to comply:
(1) when engaged in duties which relate to the judges role in administration of the county;
(2) with Canons 4D(2), 4D(3), or 4H
(3) With Canon 4G except practicing law in the court on which he or she serves or in any court subject to the appellate jurisdiction of the county court, or acting as a lawyer in a proceeding in which he or she has served as a judge or in any proceeding thereto.
(4) With Canon 5(3)
Moreover, Texas Family Code 2.202 (a)(4), authorizes her to perform marriage ceremonies:
(a) The following persons are authorized to conduct a marriage ceremony:
(4) a justice of the supreme court, judge of the court of criminal appeals, justice of the courts of appeals, judge of the district, county, and probate courts, judge of the county courts at law, judge of the courts of domestic relations, judge of the juvenile courts, retired justice or judge of those courts, justice of the peace, retired justice of the peace, judge of a municipal court, retired judge of a municipal court, or judge or magistrate of a federal court of this state.
Parker then violated Sec. 2.205 by actively discriminating against those who are competent to be married because of sexual orientation:
Sec. 2.205. (a)(b)
DISCRIMINATION IN CONDUCTING MARRIAGE PROHIBITED.
(a) A person authorized to conduct a marriage ceremony by this subchapter is prohibited from discriminating on the basis of race, religion, or national origin against an applicant who is otherwise competent to be married.
(b) On a finding by the State Commission on Judicial Conduct that a person has intentionally violated Subsection (a), the commission may recommend to the supreme court that the person be removed from office.
NOTE: Canon 3 of the Judicial Code of Conduct covers sexual orientation, so, Section 2.205(a) thereby applies to sexual orientation as well.
Finally she breached her oath of office by failing to uphold the Constitution of the State of Texas and all resulting codes resulting therefrom:
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS, I, ____________________________, do solemnly swear (or affirm) that I will execute the duties of the office of ____________________________, of the State of Texas, and will to the best of my ability preserve, protect and defend the Constitution and laws of the United States and of this State, so help me God.
Beware: if you make exceptions for her for the same reasons others are for Kim Davis, you may as well be hypocrite in my book. Sorry.
(The article cited by "Deadly Headlines" is dated February 27, 2012)
Openly Gay Judge Refuses To Marry Straight Couples » Daily headlines
Link to Texas Code of Judicial Conduct:
http://www.tmcec.com/public/files/File/Course Materials/FY10/CA/6. Ethics and Technology/CM - Ethics and Technology.pdf
Link to Texas Statute (Family Code):
FAMILY CODE CHAPTER 2. THE MARRIAGE RELATIONSHIP
Link to the Oath of Office taken by elected government officials in the State of Texas:
http://www.sos.state.tx.us/statdoc/forms/2204.pdf
Now, while all of us of like mind are lecturing her about the lawful discharge of her duties, an openly lesbian judge in Texas had been quietly doing the same thing since 2012 regarding marriage ceremonies, until the Obergfell ruling legalized gay marriage across the United States this passed June. The judge presiding over the 116th District of Dallas County, Tonya Parker said in a Stonewall Democrats of Texas monthly meeting:
“So I usually will offer them something along the lines of, ‘I’m sorry. I don’t perform marriage ceremonies because we are in a state that does not have marriage equality, and until it does, I am not going to partially apply the law to one group of people that doesn’t apply to another group of people."
Ms. Parker. Your job was to duteously enforce the law, not issue opinions on it. You aren't a superior court judge. Not by a long shot. You're opining about discrimination against gay people, so in reciprocity, you proceeded to use your position to deny straight couples their marriage licenses.
You wanted equal rights for gay couples but would not treat straight couples equally. Judges are sworn to impartiality, and as such you betrayed your oath in doing so. You have made a mockery of the judicial practice by steeping to this position.
Now I'm going out on a limb here and saying that if we're going to come down on Davis for her dereliction of duty, it's only fair to expect that we do the same in regards of the Honorable Tonya Parker. We should expect all appointed or elected officials to duteously carry out their charge. ALL of them. So, if we're going to start throwing people in jail for this behavior, why isn't Ms. Parker in jail, too?
As a district court judge, she is authorized by Texas statute to perform marriage ceremonies. I must also correct myself, she doesn't issue licenses, she performs the ceremony. She is also prohibited as an authorized agent of marriage ceremony from discriminating against those otherwise competent to be married. Upon finding of such violation, she can be referred by the State Comission to the Supreme Court (of Texas) for removal from office.
First, this. She violated at least two parts of the Texas Code of Judicial Conduct which carries the weight of law:
Texas Code of Judicial Conduct, Rev. 9/22/02
Canon 3B (2)(5)(6)
B. Adjudicative Responsibilities
(2) A judge should be faithful to the law and shall maintain professional competence in it. A judge shall not be swayed by partisan interests, public clamor, or fear of criticism.
(5) A judge shall perform judicial duties without bias or prejudice.
(6) A judge shall not, in the performance of judicial duties, by words or conduct manifest bias or prejudice, including but not limited to bias or prejudice based on race, sex, religion, national origin, disability, sexual orientation or socioeconomic status, and shall not knowingly permits staff, court officials and others subject to the judge's direction and control to knowingly do so.
Canon 6B
Compliance with the Code of Judicial Code of Conduct
B. A County Judge who performs judicial functions shall comply with all provisions of this Code except the judge is not required to comply:
(1) when engaged in duties which relate to the judges role in administration of the county;
(2) with Canons 4D(2), 4D(3), or 4H
(3) With Canon 4G except practicing law in the court on which he or she serves or in any court subject to the appellate jurisdiction of the county court, or acting as a lawyer in a proceeding in which he or she has served as a judge or in any proceeding thereto.
(4) With Canon 5(3)
Moreover, Texas Family Code 2.202 (a)(4), authorizes her to perform marriage ceremonies:
(a) The following persons are authorized to conduct a marriage ceremony:
(4) a justice of the supreme court, judge of the court of criminal appeals, justice of the courts of appeals, judge of the district, county, and probate courts, judge of the county courts at law, judge of the courts of domestic relations, judge of the juvenile courts, retired justice or judge of those courts, justice of the peace, retired justice of the peace, judge of a municipal court, retired judge of a municipal court, or judge or magistrate of a federal court of this state.
Parker then violated Sec. 2.205 by actively discriminating against those who are competent to be married because of sexual orientation:
Sec. 2.205. (a)(b)
DISCRIMINATION IN CONDUCTING MARRIAGE PROHIBITED.
(a) A person authorized to conduct a marriage ceremony by this subchapter is prohibited from discriminating on the basis of race, religion, or national origin against an applicant who is otherwise competent to be married.
(b) On a finding by the State Commission on Judicial Conduct that a person has intentionally violated Subsection (a), the commission may recommend to the supreme court that the person be removed from office.
NOTE: Canon 3 of the Judicial Code of Conduct covers sexual orientation, so, Section 2.205(a) thereby applies to sexual orientation as well.
Finally she breached her oath of office by failing to uphold the Constitution of the State of Texas and all resulting codes resulting therefrom:
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS, I, ____________________________, do solemnly swear (or affirm) that I will execute the duties of the office of ____________________________, of the State of Texas, and will to the best of my ability preserve, protect and defend the Constitution and laws of the United States and of this State, so help me God.
Beware: if you make exceptions for her for the same reasons others are for Kim Davis, you may as well be hypocrite in my book. Sorry.
(The article cited by "Deadly Headlines" is dated February 27, 2012)
Openly Gay Judge Refuses To Marry Straight Couples » Daily headlines
Link to Texas Code of Judicial Conduct:
http://www.tmcec.com/public/files/File/Course Materials/FY10/CA/6. Ethics and Technology/CM - Ethics and Technology.pdf
Link to Texas Statute (Family Code):
FAMILY CODE CHAPTER 2. THE MARRIAGE RELATIONSHIP
Link to the Oath of Office taken by elected government officials in the State of Texas:
http://www.sos.state.tx.us/statdoc/forms/2204.pdf
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