Syracuse judge under fire after refusing to marry same-sex couple: report

What year it is again? A judge refused to officiate a marriage ceremony between two women at Syracuse City Court last month simply because of their sexual orientation, according to a shocking report from Syracuse.com. Judge Felicia Pitts Davis, a city court judge, officiated the first of two weddings on the calendar Nov. 16 — the first being a wedding involving a straight couple. But when 33-year-old Shawntay Davis and 29-year-old Niccora Davis stepped up to tie the knot, Pitts Davis would not marry them and left the courtroom. Another city court judge, Mary Anne Doherty — an out LGBTQ judge — then officiated the couple's wedding. Sources told Syracuse.com that Pitts Davis told Doherty she didn’t want to marry the same-sex couple due to her religious beliefs, even though New York State has had marriage equality since 2011 and the civil marriage was performed in a courtroom, not a religious environment. “The way [Pitts Davis] got up and left the courtroom was rude, then all of a sudden another judge came in, and that’s when we got married,” Shawntay Davis told Syracuse.com. “It was real weird.”

The couple initially did not realize what exactly happened, but both women knew something was off. Two weeks later, however, they were contacted by a reporter who asked them what had happened — and as it turned out, local and state court officials had spent that two-week timeframe working to minimize publicity about the incident, according to Syracuse.com. Court spokesperson Al Baker, after refusing to answer the press for two weeks, told Syracuse.com on Dec. 2 that "we are aware of the allegation and have referred the matter to the state Commission on Judicial Conduct." “Discrimination of any kind is not tolerated by the UCS," Baker wrote to Syracuse.com. "Under New York Law, Judges are authorized, but not obligated, to perform marriages. Judges who choose to perform marriages may not unlawfully discriminate when deciding which couples they will marry.” The incident drew the attention of statewide leaders such as Governor Kathy Hochul, who denounced the judge's refusal to officiate the wedding. "Marriage equality is a fundamental right in New York," Hochul wrote on X. "No one should be subject to hate or discrimination simply because of who they love. Any judge willing to officiate a wedding in their courtroom cannot pick and choose who deserves a wedding." Onondaga County District Attorney William Fitzpatrick will ask Pitts Davis to stay away from any of his office's cases, according to Syracuse.com. “You shouldn’t have to walk into the court and wonder, ‘Am I getting a fair shake?’” Fitzpatrick said on Dec. 5. Pitts Davis formerly worked for Syracuse's Citizens Review Board before she was terminated in 2011. She went on to work a a defense lawyer until she won a 10-year term as a judge in 2020.

Syracuse Mayor Ben Walsh echoed criticism of Pitts Davis.

“Judge Pitts-Davis’ refusal to perform a wedding ceremony for a same-sex couple doesn’t align with this vision and, importantly, doesn’t comply with state law,” the mayor said, Syracuse.com reported. Syracuse City Auditor Alexander Marion, a gay citywide official, is another prominent local voice to call on Pitts Davis to quit. CNY Pride, a non-profit serving Central New York's LGBTQ community, issued a lengthy statement reminding New Yorkers of the right to marriage equality in the state and describing Pitts Davis as "a disgrace to the position she was elected to perform." "CNY Pride strongly believes a full ethical investigation of Judge Pitts Davis is warranted, including a full evaluation of her conduct and history since taking the bench..." the organization stated. "Under no circumstances should the fair and equitable application of the law be undermined by Judge Pitts Davis' failure to adhere to her judicial decree." Gay City News has reached out to Pitts Davis for comment.