Marion judge says he won't perform same-sex marriages

An ethics investigation of Marion County Circuit Judge Vance Day has been launched following his decision not to perform same-sex marriages, a spokesman for the judge confirmed Thursday.

Patrick Korten, a spokesman for Day who is based in Virginia, said the judge has never performed a same-sex marriage since joining the bench in 2011. He stopped performing marriages of any kind this spring and informed his staff that when same-sex marriage became legal in Oregon to refer couples seeking all marriages to other county judges.

Korten said Day stopped performing marriages prior to the United States Supreme Court's ruling on same-sex marriage in June.

The investigation surfaced Thursday after the Oregon Government Ethics Commission gave Day permission to create a legal fund for himself. According to Korten, Day told the commission that he needed the fund to help cover legal expenses he expects to incur defending himself during the judicial ethics investigation.

The investigation was first reported by Portland television station KGW.

Representatives at the Oregon Government Ethics Commission said Thursday they could not comment on anything related to Day and directed calls to Ron Bersin, executive director of the commission.

Calls and emails made to Bersin were not immediately returned Thursday.

Korten said the investigation was begun by the state Commission on Judicial Fitness and Disability, which is separate from the ethics commission. A hearing regarding the case is to take place in November, but Korten said he could not discuss specifics of the investigation.

Susan D. Isaacs, the executive director of the judicial fitness commission, could not be reached Thursday.

According to Korten, Day has never performed a same-sex marriage because of "deeply held religious beliefs."

"He has a right to those beliefs under the United States Constitution," Korten said.

Day was also a former chairman of the Oregon Republican Party.

In Marion County, judges are not required to perform marriages. Marion County's website lists five active judges and one retired judge who are available for ceremonies. Day is not on that list.

Korten previously was public affairs representative for the U.S. Justice Department. He said Day called him last week to ask him to be his spokesman because few law firms have his level of expertise.

Day's office in the Marion County Courthouse was closed Thursday afternoon. He could not be reached for comment.

Statesman Journal Reporter Gordon Friedman contributed to this report.

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