Some judges in the Golden Triangle say they will no longer perform marriage ceremonies following the U.S. Supreme Court’s same-sex marriage decision in late June.
The high court’s ruling legalized same-sex marriage in all 50 states. In response, a handful of local judges say they will not perform weddings for anyone at all — no matter sexual orientation.
In doing so, the judges cite state law that details who may perform a wedding ceremony. The law says they “may” perform marriages, not that they “must.”
Darlene Ballard, the executive director of the Mississippi Commission on Judicial performance, said the issue is being raised in counties across Mississippi. Justice court judges in Yazoo County, for example, have chosen to stop overseeing marriages. In many cases, Ballard said, judges are choosing to abstain from performing ceremonies because they “can’t pick and choose who they perform marriages for.”
“That seems to be the general theme in a lot of counties, people are just going to refuse to perform any marriages,” she said. “So I guess the court will have to address that as it comes.”
Reasons behind the move
One local judge who has made the decision to stop performing marriages all together is Clay County Justice Court Judge Joseph Taggart.
“The law says I may perform weddings, it doesn’t say that I shall,” Taggart told The Dispatch. “I don’t have the right to force my religious beliefs on someone else, and neither do they have the right to force their beliefs on me. I’m not going to be discriminating. I’m just not going to do any weddings.”
The three justice court judges who serve Lowndes County — Chris Hemphill, Ron Cooke and Peggy Phillips — did not return repeated phone calls from The Dispatch on the issue.
Those judges performed eight of the 10 civil ceremonies in June prior to the U.S. Supreme Court’s ruling, according to Lowndes County Circuit Court records. Since the high court’s decision they have not performed a single marriage ceremony.
Some judges feel the law compels them to perform marriage ceremonies when asked.
Tony Boykin Jr., a justice court judge in Oktibbeha County, said if a marriage is legal and the couple has a license, he does not understand why there would be a question.
“It’s a judge’s job to uphold the law, whether he likes the law or not,” Boykin said. “There are plenty of laws I don’t like. But a judge is selected to uphold the law.”
Likewise, H.J. Davidson Jr., a chancery court judge in the 14th District, which covers the Golden Triangle, said he plans to continue performing marriage ceremonies.
“I’m just an instrument of legality,” Davidson said. “People have religious beliefs, but I just don’t think it’s appropriate for me to get into all of that because I’m a judge.”
Not only judges
Most marriage ceremonies in Mississippi are performed by religious leaders and judges. State law, though, also makes each county supervisor capable of performing marriages.
Supervisors in Clay County have each decided, individually, to not perform marriages moving forward.
Don Horton, a supervisor in Clay County, has performed marriages in the past but said the board believes in traditional marriage.
“We aren’t going to do the same-sex marriages so to protect ourselves, we just decided not to do any marriages,” he said.
Four of five supervisors in Oktibbeha County told The Dispatch they had never performed a marriage ceremony and do not plan on beginning.
In Lowndes County, six of the seven civil ceremonies performed since the U.S. Supreme Court’s ruling have been performed by supervisors Harry Sanders and Leroy Brooks.
When asked whether he would continue to perform marriages if a same-sex couple asked him to oversee its wedding, Brooks, who estimated he had performed 175 marriages as a supervisor, said he had not come to a decision.
“I’m just going to say I don’t know,” Brooks said. “My initial thought would be I don’t want to do that, but I’ll cross that bridge when I get there.”
Who can marry people and are they still marrying?
■ According to state law, Supreme Court justices, Court of Appeals judges, circuit court judges, chancery court judges, municipal judges, justice court judges, county supervisors, ordained ministers, Rabbis or other spiritual leaders may marry couples.
Circuit Court Judges
Lee Howard: Could not be reached
James Kitchens: Could not be reached
Lee Coleman: Could not be reached
Chancery Court Judges
Dorothy Colom: Could not be reached
Kenneth Burns: “It’s my policy to just marry people I know.”
HJ Davidson Jr.: Yes
Lowndes County Justice Court Judges
Chris Hemphill: Did not return multiple messages
Ron Cooke: Did not return multiple messages
Peggy Phillips: Did not return multiple messages
Lowndes County Board of Supervisors
Leroy Brooks: Undecided
Harry Sanders: Undecided
Bill Brigham: No
John Holliman: Undecided
Jeff Smith: No
Lowndes County Municipal Judge
Marc Amos: Yes
Oktibbeha County Justice Court Judges
Tony Boykin Jr.: Yes
W Bernard Crump: Undecided
Jim Mills: No
Oktibbeha County Board of Supervisors
Orlando Trainer: No
John Montgomery: No (Has not performed marriages in the past)
Marvell Howard: No (Has not performed marriages in the past)
Daniel Jackson: No (Has not performed marriages in the past)
Joe Williams: No (Has not performed marriages in the past)
Starkville Municipal Judge
Rodney Faver: Could not be reached
Clay County Justice Court judges
Thomas Hampton: Could not be reached
Joseph Taggart: No
Clay County Board of Supervisors
Lynn “Don” Horton: No
Luke Lummus: No
R.B. Davis: No
Shelton L. Deanes: No
Floyd T. McKee: No
West Point Municipal Judge
Benny Jones: Yes
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