Syracuse, N.Y. – A Syracuse judge facing backlash for refusing to marry a same-sex couple will recuse herself from criminal cases while there is a pending grand jury investigation against her, court officials said Friday.
Judge Felicia Pitts Davis is “temporarily” recusing herself from all cases involving the Onondaga County District Attorney’s Office, Deborah Karalunas, the Administrative Judge for the Fifth Judicial District, said in a statement.
Pitts Davis recused herself to “avoid the appearance of impropriety,” Karalunas said in a statement released by a state court spokesperson. She will be assigned to civil cases while the matter is pending, Karalunas said.
A grand jury is hearing evidence presented by the district attorney’s office to determine whether Pitts Davis should be charged with a crime.
Shawntay Davis, 33, and Niccora Davis, 29, told syracuse.com | The Post-Standard that they were asked to testify before a grand jury about the incident Wednesday.
District Attorney William Fitzpatrick has declined to comment on whether there is a grand jury looking into Pitts Davis. Grand juries are secret in New York state.
The Syracuse City Court judge’s decision to step back from criminal cases comes a week after Fitzpatrick told syracuse.com | The Post Standard that he planned to ask her to recuse herself.
“You shouldn’t have to walk into the court and wonder, ‘Am I getting a fair shake?’” Fitzpatrick said.
Pitts Davis refused to marry the couple on Nov. 16 after performing a marriage for a heterosexual couple in the same courtroom moments before, two sources told syracuse.com.
The couple said that Pitts Davis was emotional during the wedding she conducted and then left without acknowledging them.
Pitts Davis cited her religious beliefs as the reason she refused to marry the two women, sources said. Syracuse City Court Judge Mary Anne Doherty, who is gay, performed the marriage ceremony instead.
Same-sex marriage has been legal in New York…
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