A same-sex couple is outraged with Toledo Municipal Court Judge C. Allen McConnell, who they said wouldn’t marry them despite a recent U.S. Supreme Court ruling allowing gay marriage nationwide.

Carolyn Wilson, 51, said she and her partner, both of Toledo, applied for a marriage license and were directed to Judge McConnell, a Democrat, on Monday afternoon because he was the judge on duty to perform marriages and other issues not assigned to a specific court.

But she said his bailiff told them the judge didn’t perform “these types of marriages,” and they had to wait for another judge to perform the ceremony.

RELATED ARTICLE: Judge McConnell says he declined to wed couple over beliefs

The couple have been together seven years and had a commitment ceremony six years ago, so they considered Monday’s marriage strictly a civil issue, Ms. Wilson said, and they decided to go to the judge on duty. She said her wife does not want to be named publicly for fear of discrimination at work.

They were sitting in the waiting room when Judge McConnell’s bailiff asked to speak to them in the hall, she said.

“We were told he didn't do ‘these types of marriages,’” she said. “We assumed that was same-sex marriages.” She said they never spoke to the judge.

“If he would have taken the time to talk to us, it would have been a little more palatable,” she said.

Alex Huguelet, executive chief deputy clerk for the municipal court, confirmed the couple came in Monday afternoon and paid the $15 fee to be married before going to the duty courtroom. They returned to the clerk’s office with the sheriff's deputy who works in the court, Ms. Huguelet said, because the judge would not marry them. An employee in the clerk’s office asked the couple if they would like to try to find another judge or get a refund.

After about 45 minutes, the two were married by Judge William M. Connelly, Jr., Ms. Wilson said.

“You wait so long for this opportunity,” she said of the ability to marry. “Because we wanted to handle it civilly, we didn't think there would be any issue at all.”

According to rules posted on the municipal court’s website, “the duty judge will perform marriage ceremonies between 1:30 p.m. and 3 p.m. upon payment of the prescribed fee to the clerk of court.”

Ms. Wilson said she believes the judge had the obligation to marry them, calling the incident “embarrassing” and said it “put a damper on the day.” She said she doesn't want the same thing to happen to another couple.

Judge Connelly, a Republican, confirmed that he was called upon to perform two same-sex marriage ceremonies on Monday afternoon. He declined to comment on whether he was filling in for Judge McConnell because he had refused to marry the couples, but said he was following his interpretation of the U.S. Supreme Court ruling.

“My reading of it says we are to perform same-sex marriages,” he said.

Michael Zenk, deputy municipal court administrator, said Judge McConnell had a previously scheduled personal matter out of court Tuesday, and Judge Frederick McDonald, a retired Lucas County Common Pleas Court judge, filled in.

Mr. Zenk said Judge McConnell will be back in duties court today. Seven judges rotate on weeklong assignments on duty court.

“It is the court’s position that we will accommodate marriage requests,” Mr. Zenk said of the decision to find another judge to perform the ceremony. “That would include opposite-sex and, with the Supreme Court ruling, same-sex requests.”

Mr. Zenk said he spoke to Judge McConnell on the phone on Tuesday and said he expects the judge to make a statement about the matter today.

Nick Komives, executive director for Equality Toledo, said the organization is looking for an apology from Judge McConnell.

“They didn't deserve to be humiliated; they didn't deserve to be inconvenienced,” he said of the couple. “That's just wrong, and we won’t tolerate it. It is his duty to perform this ceremony, and if he's not willing to perform his duties, he needs to step down.” 

Brett Crow, spokesman for the Ohio Supreme Court, said Tuesday that municipal judges must abide by the Code of Judicial Conduct, as well as state and federal laws.

If someone believes a judge has violated an ethical obligation, they can file a complaint to be reviewed by the court’s board of professional conduct, Mr. Crow said. If the board believes an ethical violation has occurred, the matter can be referred to the state Supreme Court, he said.

“The topic of a municipal court judge’s statutory powers and duties have been addressed in previous educational opportunities and will continue to be addressed, particularly in light of the recent U.S. Supreme Court’s Obergefell case,” Mr. Crow said in a written statement, though he didn’t elaborate on what the education involved.

Lucas County Democratic Party Chairman Joshua Hughes said the party was “disappointed” with Judge McConnell’s refusal to marry the couple.

“Not withstanding Judge McConnell’s long history of service to this community, it is disappointing that Ms. Wilson and her wife were delayed in the exercise of this right by Judge McConnell,” Mr. Hughes said in a written statement.

This isn’t the first problem in implementing same-sex marriages in Lucas County.

Charles Shaffer, county probate court administrator, said the committee that oversees three rotating ministers who perform weddings in the Lucas County Courthouse will discuss how to handle two of the ministers, The Rev. John Oliver and the Rev. General Frank Sherman, who have said they will not perform same-sex weddings.

The Rev. Sandra Frost, the third minister, was called in June 26, the day of the U.S. Supreme Court’s decision to legalize same-sex marriage nationally, to marry any same-sex couples who applied for a license. She has been “on-call” to perform such ceremonies when the other two are scheduled, Mr. Shaffer said.

Mr. Shaffer said the committee, which consists of himself, common pleas court administrator Don Colby, and court security director Roger Kerner, Jr., will wait to discuss the issue until after a Thursday meeting of the general division judges.

Contact Lauren Lindstrom at llindstrom@theblade.com, 419-724-6154, or on Twitter @lelindstrom.

First Published July 8, 2015, 4:00 a.m.