Toledo Municipal Judge C. Allen McConnell said he will perform same-sex wedding ceremonies in accordance with an opinion issued Monday by the Ohio Supreme Court’s Board of Professional Conduct.

“I said I would abide by the opinion, and that opinion tells me I cannot not perform same-sex marriages … so I will abide by it,” the judge said.

DOCUMENT: Click here to read the Ohio Supreme Court ruling

Judge McConnell came under fire last month after refusing to marry two women who came to municipal court with their marriage license and paid the $15 fee required for the “duties judge” to perform a civil ceremony.

Despite the recent U.S. Supreme Court ruling making same-sex marriage legal across the country, Judge McConnell said he declined to marry the couple “based upon my personal and Christian beliefs established over many years.”

The judge, a senior elder at First Church of God, sought an opinion from the Board of Professional Conduct, which concluded that judges who perform civil marriages may not refuse to perform same-sex marriages because of personal beliefs.

The board also found that if a judge refuses to perform all marriages to avoid marrying same-sex couples, that judge could be seen as having an “improper bias or prejudice toward a particular class” and would have to recuse himself from legal proceedings where sexual orientation was at issue.

Simply put, the board said judges take an oath to uphold state and federal law and must follow that oath.

“The oath represents the judge’s solemn and personal vow that he or she will impartially perform all duties incumbent on the office and do so without regard to the status or class of persons or parties who come before the court,” the opinion stated.

Further, the board wrote, the Rules of Judicial Conduct require a judge to “perform all duties of judicial office fairly and impartially” and “apply the law without regard to whether the judge approves or disapproves of the law in question.”

The opinion came as no surprise to many in the judiciary.

Judge Michelle Wagner, presiding judge at Toledo Municipal Court, said she expected the ruling, and, after meeting with her fellow judges late Monday afternoon, rescinded her prior decision to perform all weddings until the question about same-sex unions was settled.

Beginning today, she said, the regularly assigned duties judge — this week that’s Judge Joshua Lanzinger — will perform weddings between 1:30 p.m. and 3 p.m. Monday through Friday as has been done for years.

“The Supreme Court has spoken. As presiding judge, I’m vacating the order, and I’m making the assumption that all judges in this court will follow the law,” Judge Wagner said.

Judge Timothy Kuhlman, like Judge McConnell, previously said he was awaiting a decision by the Board of Professional Conduct on the matter, but he could not be reached for comment Monday.

Proponents of same-sex marriage were pleased with the outcome.

“I’m elated that [Judge McConnell] is going to abide by the law and not discriminate against same-sex couples,” said Nick Komives, executive director of Equality Toledo.

His organization had circulated a petition among current and former elected officials asking Judge McConnell to “fulfill the duty of his elected position.” The group gathered 34 signatures, including members of Toledo City Council, all three Lucas County Commissioners, other county officials, and state legislators.

Phil Burris of Citizens for Community Values said he was pleased the board “didn’t try to tell the judges they must perform ceremonies. They didn’t go that far.”

“Under the First Amendment you have freedom to exercise your religion,” he said. “I think a judge at least has the opportunity now to say, “I’m not going to marry anyone.’ ”

The 28-member Board of Professional Conduct, which consists of 17 lawyers, seven active or retired judges, and four nonlawyers all appointed by the Ohio Supreme Court, met on Friday to discuss the matter and adopted the opinion that was issued Monday, according to Rick Dove, director.

The ruling was in response both to a July 9 inquiry by Judge McConnell and a July 13 letter from Athens County Municipal Judge William Grim, president of the Association of Municipal and County Judges of Ohio.

Both requests posed a question that the board said it could not answer: whether a judge has a mandatory obligation to perform weddings or whether it is a duty he or she may chose to exercise or not exercise.

“We don’t have the authority to answer that question,” Mr. Dove said, explaining that the board gives ethics opinions, not legal opinions.

That question could be posed to the Ohio Attorney General’s Office, which frequently is called upon for legal opinions on interpreting state law, he said. It also could be clarified by the state legislature, he said, or addressed by the courts if a lawsuit challenging the matter were to be filed.

The Ohio Revised Code specifies that “Municipal judges have the following powers and duties: to perform marriage ceremonies anywhere in the state ... ”

Judge Wagner said she enjoyed performing all of the weddings at the court in recent weeks.

“These people are so happy to finally have this right. It is so joyful,” she said. “I think every same-sex wedding I’ve done has been a very long-term committed couple. Some of them said, ‘I didn’t think this would happen in my lifetime.’ ”

Contact Jennifer Feehan at: jfeehan@theblade.com or 419-213-2134.

First Published August 11, 2015, 4:00 a.m.