Judge C. Allen McConnell

A Toledo Municipal Court judge who refused to marry a same-sex couple because of his religious beliefs said Wednesday that he will seek an advisory opinion from the Ohio Supreme Court on whether he can “opt out of the rotation” for performing marriages.

“On Monday, July 6, I declined to marry a non-traditional couple during my duties assignment. The declination was based upon my personal and Christian beliefs established over many years. I apologize to the couple for the delay they experienced and wish them the best,” Judge C. Allen McConnell, a Democrat, said in a statement, according to Toledo News Now.

“The court has implemented a process whereby same-sex marriages will be accommodated. I will continue to perform traditional marriages during my duties assignment. I am also seeking advisory opinion from the Supreme Court of Ohio at this time as to whether or not I can opt out of the rotation. Upon receipt of the advisory opinion from Supreme Court, I will abide by its decision,” McConnell added.

Carolyn Wilson said on Monday a bailiff called her and her partner into the hall and told them that McConnell did not perform “these types of marriages,” and although she did not speak to the judge himself, she assumed McConnell meant same-sex marriages, The Blade reported. After returning to the clerk’s office with the sheriff’s deputy who works in the court, Wilson and her partner were told they could try to find another judge or get a refund. After McConnell chose not to marry Wilson and her partner, Judge William M. Connelly, Jr., a Republican, eventually married the couple instead.

Connelly said he did so because of the U.S. Supreme Court’s ruling that legalized gay marriage. “My reading of it says we are to perform same-sex marriages,” Connelly said.

Nick Komives, executive director for Equality Toledo, said the couple “didn’t deserve to be humiliated” or “inconvenienced.”
“That’s just wrong, and we won’t tolerate it. It is his duty to perform this ceremony, and if he’s not willing to perform his duties, he needs to step down,” The Blade quoted Komives as saying. “I don’t think this is a very complicated issue. This court, the Toledo Municipal Court, requires the Judge on duty to perform marriages,” Equality Toledo Board member and attorney Rob Salem said in a statement. “Judge McConnell took an oath of office when he became judge to uphold the laws of this land. He vowed also to apply those laws as equally and fairly without any regard to his own personal biases and prejudices,” he said. According to Salem, because McConnell is a public official, he doesn’t have the same discretion that religious clergy do. McConnell’s job is “to serve all people, not just the people that he likes,” Salem said.

McConnell’s decision “calls into question whether or not he’s going to treat LGBT litigants in his courtroom fairly going forward. That’s a really an important issue for me; I think that has to be resolved as well. In the meantime, I hope he changes his mind and does the right thing,” Salem added.