Same sex ethics

The Arizona Judicial Ethics Advisory Committee has revised its opinion on the judicial obligation to perform same-sex marriages.  The revisions add that, “because performing a marriage is a discretionary function, a judge may, consistent with the Code, decline to perform any marriages whatsoever. . . ,” while still stating that “because performing a marriage is a judicial duty within the scope of Rule 2.3(B), a judge cannot refuse to perform same-sex marriages if the judge is willing to perform opposite-sex marriages.”

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