From: NewNowNext
A Wyoming judge is headed to the state’s Supreme Court to find out if she will be removed from her position because of her refusal to marry same-sex couples.
Ruth Neely was investigated by the Wyoming Commission on Judicial Conduct and Ethics after she told a reporter she would not perform same-sex marriages, and she now filed a petition asking the court to reject the commission’s recommendation that she be stripped of her jobs as a municipal judge and circuit court magistrate.
According to her lawyers, no same-sex couples have even asked her to preside over their weddings, and she is arguing that she has a constitutional right to voice her opinion.
“In a chilling forecast, the commission leaves no doubt that if it has its way, no judge who holds Judge Neely’s religious beliefs about marriage can remain on the bench once the public learns of those beliefs,” wrote Neely’s lawyers.
The commission’s lawyers, Patrick Dixon and Britney F. Turner, wrote a brief to the Wyoming Supreme Court, explaining why she should be removed from her post.
“The Wyoming Commission on Judicial Conduct and Ethics has no interest in interfering with Judge Neely’s or anyone else’s free exercise of religion,” they wrote. “Neither is it concerned with suppressing her First Amendment right to permissible speech. However, it is tasked with enforcing the Code of Judicial Conduct.”
“What Judge Neely did and said is a violation of that Code,” they added. “Given her unwillingness to even acknowledge the ethical implications, she cannot remain in office.”
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