It is unfortunate but perhaps useful that some judges are announcing their unwillingness to marry same-sex couples. Referendum 74 does not require anyone to perform such services, so that is not a useful basis for challenging such judges.
Rather, such a position is a significant bit of information that voters should consider when choosing judges. We should consider unfit any judge who refuses to marry same-sex couples, just as we would were they to refuse to marry a mixed-race couple. We require fairness from our public servants, in the service of equality.
A pronouncement that a judge would not marry a same-sex couple could also be viewed as a prejudice profound enough to disqualify them from hearing any cases with gay or lesbian litigants or defendants. Moving such cases to other judges would be a hardship that can be avoided by replacing them with judges who do not have such a bias. Fairness demands it.
IVAR HUSA. Richland