Photo: Zolnierek / iStock / Getty Images
A Syracuse City Court judge has been formally disciplined for refusing to officiate a same-sex marriage, an incident the state Commission on Judicial Conduct says undermined public trust in the courts. On Monday (March 30), the commission announced that Judge Felicia Pitts-Davis would be censured, but allowed to remain on the bench after declining to conduct a marriage ceremony for a same-sex couple in November 2024. The commission determined her actions amounted to serious misconduct and created the appearance of bias, according to syracuse.com.
The incident began when Judge Pitts-Davis learned she was set to preside over two courthouse weddings. She asked a clerk if either was for a same-sex couple and, after hearing one might be, said her religious beliefs prohibited her from officiating such a ceremony. She requested that the wedding be rescheduled so another judge could perform it and contacted the state’s judicial ethics committee for guidance, but did not receive a response in time. The couple, Shawntay Davis and Niccora Davis, later saw Pitts-Davis officiate an opposite-sex wedding before leaving the courtroom without explanation, leaving another judge, Mary Anne Doherty, to step in and perform their ceremony. Shawntay Davis described the experience as “real weird,” according to syracuse.com.
The commission found that, although officiating marriages is optional for judges in New York, those who choose to do so must treat all couples equally. Commission Administrator Robert H. Tembeckjian stated, “Once a judge agrees to exercise the discretionary act of solemnizing lawful marriages, the responsibility should be exercised equitably, without discrimination,” as reported by CNYCentral.
Pitts-Davis had previously officiated same-sex marriages but said she was undergoing a “profound re-evaluation” of her religious beliefs at the time. The commission noted she was also dealing with personal circumstances, including learning of a family member’s critical illness, the day before the incident. She has since agreed not to officiate any marriages to avoid the appearance of bias, but pledged to perform same-sex weddings if no other judge is available. Pitts-Davis expressed regret for the disruption caused to the couple and has no prior disciplinary record.
Governor Kathy Hochul and Onondaga County District Attorney Bill Fitzpatrick both condemned the refusal, stating that marriage equality is a fundamental right in New York and public officials must act impartially. The commission’s censure, a formal public reprimand, is the second most serious sanction available, short of removal from office. Pitts-Davis’ term runs through December 31, 2030.
Additionally, Pitts-Davis faces a pending grand jury investigation into her conduct and has sought to keep the report sealed, as noted by Times Union. The outcome of that matter remains unresolved. The Commission on Judicial Conduct said it expects Pitts-Davis to comply with her commitment to serve all couples fairly in the future.