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Opinion: Judges Can’t Refuse to Perform Same-Sex Marriages

judgeshipOMAHA, Neb. (AP) — An opinion released by a state judicial ethics committee says Nebraska judges and court officials cannot refuse to perform same-sex marriages unless they refuse to perform all marriages.

The opinion released last week by the Nebraska Judicial Ethics Committee answers the question of whether a judge or clerk magistrate can refuse to perform marriages for same-sex couples based on the official’s religious belief is that marriage is between a man and a woman. The committee also was asked if officials can refuse if they refer the same-sex couple to another judge willing to perform the ceremony.

The committee determined that the U.S. Supreme Court’s ruling last month legalizing same-sex marriage does not allow Nebraska judges to refuse to perform gay marriage ceremonies if they also perform opposite-sex marriages.

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