Check it Out: Taking a stand for liberty of conscience
BY JOAN JANZEN
joanjanzen@yahoo.com
I teased a teenaged male that he should try wearing a cologne that smelled like fresh baking because it might attract women. The young fellow smiled with utmost confidence and said, “I don’t need it. Women are already attracted to me.”
I’ve been reading about another man who unintentionally attracted attention, but it was unwanted attention from the courts. Here is his story.
Performing marriages is not part of the duties of a circuit court judge, but as a circuit judge in Oregon, Vance Day chose to marry people. “When the law of the land changed, I chose to recuse myself quietly from marrying people.”
It was a choice that he should have been free to make, “But when my presiding judge found out, she made a big deal about it. The state of Oregon came in and did an investigation. They gave me two choices: you can resign and it will all go away. But if you don’t, we’ll come after you and make an example of you.”
Vance told them if they wanted his liberty of conscience, they would have to take it from him. Vance said, “Nobody had ever fought the ethics commission in Oregon before.” This is quite a contrast to the situation in Canada, where the Ethics Commissioner should have been invited to every cabinet meeting in order to avoid the ethics violations we have been witnessing.
Vance’s ordeal led to four years of litigation, leading up to the United States Supreme Court and back again. “When they couldn’t get rid of me, I got suspended from the Oregon Supreme Court without pay for 3 years. It was an extraordinary rebuke for a state jurist,” Vance explained.
But that wasn’t all. His son went trap shooting with a friend, not realizing his friend had a criminal record, and shouldn’t have been handling firearms. As a result, “They indicted me for two felonies for which the maximum penalty would have been 12 years.” Vance explained. “I had to go through a criminal trial; it was a political prosecution.”
His legal bills reached $1.2 million, forcing him to sell his home, as well as his 50 percent share in a building where he once worked as an attorney. He and his wife lived in a fifth-wheel trailer for a year.
But people were supportive, and a “Defend Judge Day” campaign began. “There are nearly 20,000 people across the nation who donated $5, $10 or $25,” Vance said. “I’m very grateful.”
Right before the trial began, Vance said, “They said, why don’t you take a misdemeanour? You won’t lose your law license and it will all be fine. My wife was in the negotiating room and she said he’ll do no such thing. He’s done nothing wrong!”
The jury was selected and opening statements were just hours away, but a key witness refused to testify. The judge dismissed the charges because it was “unable to proceed in the absence of an essential witness”.
“I was saddened that the state of Oregon would continue to prosecute a matter they knew essentially was not provable. They didn’t have a case, yet they still kept pushing. That’s sad for our justice system.”
Vance Day stressed that he was targeted for his politically conservative and Christian beliefs. “I would send a message to everybody, in Canada and the United States, that your personal liberties can be persecuted.”
You can contact me at joanjanzen@yahoo.com