Marion County Circuit Judge Vance Day, a former chairman of the Oregon Republican Party, took steps Thursday to create a legal defense fund in an apparent response to his decision not to perform same-sex marriage ceremonies. 
 
 Day took action because of what he described as "deeply-held religious beliefs," KGW reported. 
 
 "It's an exercise of his religious freedom rights under the First Amendment," Day spokesman Patrick Korten told the news station. 
 
 In recent months, Day has not performed any marriage ceremonies, KGW reported. His courtroom is in Salem. 
 
 The Oregon Government Ethics Commission voted unanimously Thursday to approve Day's request to establish a legal defense fund. 
 
 Day noted in an affidavit signed Aug. 19 that he was seeking to establish the fund to defray legal expenses in connection with inquiries by the Oregon Commission on Judicial Fitness and Disability involving allegations of violations of the Oregon Code of Judicial Conduct and the Oregon Constitution. 
 
 "These legal expenses arose by virtue of, and were related to, my service as an Oregon Circuit Judge," Day wrote in the affidavit. 
 
 He acknowledged in the affidavit that he is bound by provisions of state law that spell out the establishment, administration and termination of legal expense trusts. 
 
 State law allows public officials to set up such trusts to collect money for their legal defense in a variety of circumstances, including investigations brought by public bodies. 
 
 It was not immediately clear whether Day was under investigation. 
 
 Oregon law allows a wide range of officiants at marriage ceremonies. Among those allowed to conduct such proceedings, known in legal parlance as "solemnizing" the marriage, are state judges, federal judges (including magistrates), county clerks and religious congregations. 
 
 The judge didn't return messages from The Oregonian/OregonLive for comment. 
 
 The Marion Circuit Court website lists six judges available to perform weddings: four Circuit judges among the current roster of 14, one retired Circuit judge and a Municipal Court judge. 
 
 It also includes this disclaimer: "This list is informational only and does not guarantee that a particular judge will be available to perform any particular wedding ceremony." 
 
 -- Bryan Denson 
 
 bdenson@oregonian.com 
 
 503-294-7614; @Bryan_Denson 
 
 This post has been modified to reflect the following correction: County clerks (not court clerks) can solemnize marriages in Oregon. ||||| Vance D. Day is sworn in as a Marion County Circuit Court Judge Monday, Oct. 10, 2011. (Photo: KOBBI R. BLAIR, Statesman Journal) 
 
 PORTLAND, Ore. – A Marion County judge has refused to perform same-sex marriages and has asked his clerks to refer couples seeking same-sex marriages to other county judges. 
 
 Judge Vance Day, a circuit court judge and former chairman of the Oregon Republican Party, is now facing an ethics investigation over that decision, according to the judge’s spokesman. 
 
 The story was first reported by talk radio host Lars Larson. 
 
 Spokesman Patrick Korten said Day instructed his staff to tell couples that the judge will not perform same-sex marriages. The staffers were instructed to refer same-sex couples to other Marion County judges willing to issue them a marriage license. 
 
 Korten said Day took the action based on his “deeply-held religious beliefs.” 
 
 “It’s an exercise of his religious freedom rights under the First Amendment,” Korten said. 
 
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 Day hasn’t performed any same-sex marriages since he joined the bench in 2011, but only stopped doing marriages of any kind this past spring. Judges in Marion County are not required to perform marriages, and Marion County’s website lists five active judges and one retired judge who are available for marriage ceremonies. 
 
 That decision led to an ethics investigation by the Oregon Commission on Judicial Fitness, Korten said. 
 
 Korten said he couldn’t discuss specifics of the complaint against Day until the commission released it to the public. 
 
 It’s not clear when that complaint will be made public. Until that happens we won’t know the exact details of what Day is accused of doing, aside from what he publicly discusses. 
 
 According to Phil Lemon with the Oregon Judicial Department, the commission isn’t required to publicize complaints until they schedule a public hearing. 
 
 “We have no problem with releasing it,” Korten said. 
 
 The commission’s director did not immediately return calls for comment. 
 
 Day’s decision came to light on Thursday when the Oregon Government Ethics Commission gave Day permission to create a legal fund for himself. 
 
 (The Oregon Government Ethics Commission is a separate board from the Oregon Commission on Judicial Fitness.) 
 
 Day told the commission that he needed to fund to help cover legal expenses he expects to incur defending himself during the judicial ethics investigation. 
 
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– A judge in Oregon is refusing to perform same-sex marriages because of "deeply held religious beliefs," reports KGW. Judge Vance Day—former chairman of the state's Republican Party—created a legal defense fund yesterday, apparently to pay for expenses he expects to incur fighting allegations he's violating the state's Code of Judicial Conduct as well as its constitution, reports Oregon Live. “It’s an exercise of his religious freedom rights under the First Amendment,” his spokesperson tells KGW. The station reports Day hasn't performed any same-sex marriages since becoming a judge in 2011—telling his clerks to send gay couples elsewhere—and stopped performing marriages entirely in the spring. Oregon law does not require judges to perform marriages, and there are apparently six other judges in Day's county available to perform them. Day's spokesperson says the judge is facing an ethics investigation, though details on what exactly is being investigated haven't been released. In Oregon, public officials are allowed to set up trusts to pay for legal defenses against government investigations, Oregon Live reports.