In early September, citizens of Marion County, Ore., learned that Circuit Judge Vance Day was under investigation by the Oregon Commission on Judicial Fitness and Disability. According to Day’s spokesman, the initial reason for the inquiry was Day's refusal to perform any marriages out of concern that he would be asked to officiate same-sex weddings, which is against the judge's deeply held religious beliefs.
The commission will convene on Nov. 9 to hear testimony on allegations of several code of conduct violations, including that Day had his court staff screen out same-sex couples who wanted him to officiate their wedding ceremonies. Other supposed violations (which just so happened to arise after Day stopped performing weddings) include that he made untruthful statements to the presiding judge, allowed a convicted felon whose case he oversaw to handle guns, accepted donations from lawyers appearing before him to “sponsor” artwork he hung at the Marion County courthouse, and displayed a collage of war memorabilia that prominently featured a World War II-era painting of Adolf Hitler.
When U.S. District Judge Michael McShane struck down Oregon’s ban on same-sex marriage in 2014, Judge Day ordered his staff to funnel same-sex couples to other judges in the Marion County court system. A few months later, he decided to stop performing all weddings. Under Oregon law, judges do not have to officiate at wedding ceremonies.
According to Oregon Live:
Day, for his part, concedes portions of some allegations, including the fact that he directed his court staff not to schedule him for same-sex weddings due to his religious opposition, telling them to send gay couples to other judges instead. He admitted collecting money from attorneys, which, he said, was on behalf of a registered nonprofit and was to pay for matting and framing the artwork in the hallway outside the courtroom where he presides over the county’s “Veterans Treatment Court.” He also acknowledges hanging the collage showing the Hitler painting, which had belonged to a World War II veteran from Oregon. Day, Korten told The Oregonian/OregonLive editorial board, wanted to celebrate veterans’ contributions by reminding them of past accomplishments and the debt the country owes to veterans.
Day readily admits that he has told his staff not to schedule him to officiate any same-sex marriages -- not out of any hatred toward gays, but because of his faith. Day’s preference not to perform same-sex marriages didn’t stop any gay couples from getting married, but it didn’t matter because someone complained and now the Oregon Commission on Judicial Fitness and Disability has brought him up on a list of charges not all connected to his refusal to perform same sex-marriages.
Blogger Tami Jackson, who interviewed Judge Day and his family, paints the portrait of a man whose faith and patriotism leads him every day. One colleague and friend said of Day's law practice:
He’s always been a patriot, always conservative, always a Christian and solidly so.
The other thing is he did do a lot of pro bono work as a lawyer. He did personal injury and he saw it as a matter of stewardship.
He would bring matters of faith into client meetings. For personal injury he would take even small cases, even if he would not make money doing it.
Vance founded the Marion County Veterans Treatment Court, which identifies "veterans within the criminal justice system and honor[s] their sacrifice and service by providing a collaborative, judicially supervised, mentor-oriented treatment regime with the goal of enhancing public safety by stabilizing, habilitating and reintegrating dependence-free veterans back into our community by utilizing federal and community resources.'
It seems that America needs more judges with the morals and love of country that Judge Day exhibits, but on Nov. 9 he will be dragged in front of a commission for an activity that he wasn't required to do in the first place.
For more about Judge Vance Day and his plight, I suggest you click here and read Tami Jackson's interview with Day, his family and friends.