I agree. They should be permitted to recuse themselves. Although, since this is a requirement to conduct a civil wedding as part of a job description, then how does recusal apply to an act? Although, I certainly agree that a recusal is an accommodation to a judge with a conflict.
[[Although, since this is a requirement to conduct a civil wedding as part of a job description, then how does recusal apply to an act?]]
As in there shall be no religious test for hiring judges- there is no requirement/question for qualification that says the judge must perform gay marriages that clearly violate a religious concept of marriage between man and woman only- once you demand that they answer yes to gay marriage, you are applying a ‘religious test’ to the qualifications for acceptance as judge- You are telling that person they can not be a judge unless they agree to do something that will violate their personal religious belief- you are saying their personal religious belief disqualifies them from office- which would be a violation of ‘no religious test’ law
(I believe, I’m no lawyer- and don’t know much law- I’m just trying to think through this systematically)