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A grand jury in Syracuse, New York, will hear testimony on Wednesday (December 11) regarding Judge Felicia Pitts Davis's refusal to marry a same-sex couple. Last month, Pitts Davis declined to officiate the marriage of Shawntay Davis and Niccora Davis, citing her religious beliefs. The judge had just married a heterosexual couple before leaving the courtroom, leaving the same-sex couple to be married by Judge Mary Anne Doherty.
In New York, judges must either perform all marriages or none, without discrimination. The incident has drawn criticism from Onondaga County District Attorney William Fitzpatrick, Syracuse Mayor Ben Walsh, and Governor Kathy Hochul. Fitzpatrick plans to ask Pitts Davis to recuse herself from all cases handled by his office, citing concerns about her impartiality.
The state Office of Court Administration has referred the matter to the State Commission on Judicial Conduct. Under New York law, judges are not allowed to discriminate based on sexual orientation. The commission will review the complaint and decide whether to take disciplinary action against Pitts Davis.
Pitts Davis, elected to a 10-year term in 2020, has not commented on the situation. The grand jury will determine if there is probable cause to charge her with a crime.