When Kentucky court clerk Kim Davis went to jail for refusing to issue marriage licenses after the Supreme Court legalized same-sex marriage, she became the face of conservative discontent with the decision. And she has glamour shots with Republican presidential contender Mike Huckabee to prove it.
But the United States is a pretty conservative country. Davis couldn't be the only judicial official in America whose religion disapproved of gay marriage. Would other officials -- or maybe a judge -- take the same stand Davis did?
We may be about to find out. Judge Vance D. Day, of Oregon's Marion County Circuit Court, has been accused by a judicial oversight committee of dodging same sex-marriages -- and admitted it, as well as another controversial choice: hanging a picture of Hitler in court.
In documents made available by KGW in Portland, Judge Day responds to the allegation of the Oregon Commission on Judicial Fitness and Disability that he "inappropriately screened and ordered his court staff to screen wedding applicants to ensure that they were not same-sex."
"Judge Day has firmly held religious beliefs rooted in the Judeo-Christian tradition that defines marriage as between a female and male," Day's response to the complaint read. ". . . Day requested his assistant to not schedule him to perform same sex marriages, but to find an alternate judge who would do so because it conflicted with his firmly held religious beliefs."
Same-sex marriage has been legally recognized in Oregon since May 2014, when a U.S. district judge struck down a state constitutional amendment banning such marriages.
In an interview this week, Day got more specific, saying that his refusal to perform same-sex marriage was a constitutional right.
"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 I'm a lesser species of protection," Day, a former chairman of the Oregon Republican Party, told the Statesman Journal.
In comments to the Associated Press last week, a spokesman for Day further explained the judge's position -- one that seemed similar Davis's in Kentucky.
"He made a decision nearly a year ago to stop doing weddings altogether, and the principal factor that he weighed was the pressure that one would face to perform a same-sex wedding, which he had a conflict with his religious beliefs," Patrick Korten said. He added: "This case is unique because so far it's the only one I'm aware of where a sitting judge has been taken to task for same-sex marriage in the context of a responsibility that he does not have."
That gets to the difference between Davis' job requirements, which includes issuing marriage licenses, and Day's, which doesn't. Judges officiate at marriages generally as personal favors.
The allegations against Day, however, didn't end with this contentious issue. There was another issue: He also stood accused of flattering the Fuhrer.
"Judge Day hung a wall hanging that included a picture of Adolf Hitler," the judicial-fitness commission wrote. "He displayed this without permission in a public area of the Marion County courthouse."
Day stood by his display. He said it was: "a historical collage . . . focused on a certain doctor during World War Two. A doctor named Ken Vollmar, who was a combat regimental surgeon who won the Bronze Star on D-Day. He had an old painting of Hitler, which we put in the very back of a framing piece and we put a whole bunch of American memorabilia over it. And the purpose of the art was to remind people that a young vibrant democracy, can overcome a fascist nation. That was the purpose of the art work . . . . And so there was no intent to have some picture of Hitler."
In a radio interview, Day further rejected the implication that the display somehow glorified Nazi Germany.
"There was no intention to have some picture of Hitler," he told KXL. "And by releasing this information, the Commission is patently being unfair, frankly. They're not looking at the true issue which is, we have art, and to somehow say there's a picture of Hitler in the courthouse, well, that's not true."
The issue of whether Day had permission to create the display aside, what may prove more interesting is whether Day muscled attorneys into helping pay for it.
"Some of the hangings had wall signs next to them, identifying by name the donor that 'sponsored' the wall hanging," the commission wrote. "These names included practicing attorneys appearing in the courthouse before Judge Day."
"Some of the signs identified the names of the individuals who made money donations," Day's response read. "Judge Day further admits that several of the individuals have appeared before Judge Day."
The commission did not stop there. Its far-ranging complaint includes allegations that Day used his position to intimidate a referee at his son's soccer game, and falsely claimed a soccer official attacked him; that he failed to provide his staff adequate breaks; that he told an employee he was a "benevolent dictator," and that she "worked at his pleasure"; that he "inappropriately hung pictures of select past U.S. presidents in his courtroom's jury room," showing his partisanship; and that he inappropriately let a felon handle a firearm.
The firearm allegation concerned an individual referred to only as "BAS" _ a "decorated former member of the elite Navy SEAL Team Six" enrolled in a veterans' treatment court under Day after a felony DUI conviction. The commission said Day "singled BAS out for attention and improperly imposed himself onto BAS" while Day "had control over his probation status."
"Judge Day took BAS to do some work at Judge Day's daughter's home," the commission wrote. "At his daughter's house, Judge Day asked BAS if he could find a gun hidden in a secret compartment in a cabinet."
BAS found the gun.
"BAS asked Judge Day if he was permitted to handle the gun," the commission wrote. "Judge Day gave him permission. In fact, Judge Day lacked the authority to waive the statutory firearm prohibitions against a felon having or handling firearms."
In his response, Day denied these claims "as alleged," but admitted he "lacked the authority to waive the statutory firearm prohibitions."
Day also allegedly brought BAS to a wedding Day performed in 2013, making BAS stand next to him and introducing him as a Navy SEAL. The commission also criticized Day's decision to have BAS read the Navy SEAL memoir "Fearless." That memoir allegedly left BAS, who had PTSD, "emotionally distraught."
The commission also criticized Day for calling veterans in his court "raggedy asses," and for showing some a video that "exacerbated PTSD symptoms."
Day's response: "Judge Day has used language appropriate for veterans when addressing [court] participants which is consistent with building camaraderie and a therapeutic relationship within the context of a military culture."
In interviews, Day said the many ethics charges against him were just part of a smear campaign sparked by his position on same-sex marriage.
"I think that was the catalyst for this kitchen sink approach to filing these ethics complaints," he said.
The commission, which could recommend the Oregon Supreme Court dismiss Day, will hold a hearing in his case on Nov. 9. Day filed paperwork to open a legal defense fund in August.