Attention has been focused like a laser in recent days on Marion County Circuit Judge Vance Day following revelations that an investigation has been launched into his judicial conduct over refusing to perform same-sex marriages.
snip
Day is mounting a legal defense, contending that Oregon's rules of conduct for judges are so vague that they violate his First Amendment rights to freedom of religion and speech.
"I don't believe that by taking the oath as a judge, that I somehow set aside my First Amendment civil liberties and that as a judge Im a lesser species of protection," he said Thursday in a telephone interview.
snip
Day, a former head of the Oregon Republican Party, said his former political affiliations have made him a potential "punching bag" for "elements of society who view Republican ideas as not being worthy of recognition in the public square."
snp
Reports then came out that Day had stopped performing all marriages and instructed his staff to divert same-sex marriage requests to other Marion County officials. Day is not required to perform marriages.
snip
Another charge said that when Day decided to not perform same-sex marriages, he violated Oregon's judicial conduct rules that judges may not manifest bias based on sexual orientation.
http://www.statesmanjournal.com/story/news/2015/09/09/vance-day-his-case-and-where-could-go/71949426/