Litigation

Sexual Orientation in Judiciary Is Discussed

By Peter Hardin

Federal judges and nominees are familiar with giving up a measure of privacy and undergoing scrutiny for their views and their records. Now their sexual orientation is getting open discussion, as well.

In a news release Monday, Sen. Charles Schumer, D-N.Y., announced he was recommending to the White House the nomination of Daniel Alter (photo at left) for a federal district judgeship, and noting prominently that Alter “is the first openly gay male nominated for the federal court in American history.”

One day earlier, an article in the San Francisco Chronicle reported that Vaughn Walker (photo at right), the federal  judge presiding over the historic trial over same-sex marriage in California, “is himself gay.” The headline declared, “Judge being gay a nonissue during Prop. 8 trial,” and the article reported an unnamed federal judge’s remark that when Walker was seeking a judgeship, he had to overcome a perception he was anti-gay.

An article in Huffington Post, meanwhile, said Schumer won “high praise from gay advocates.” Alter is a former assistant U.S. attorney, a legal expert in terrorism and national security,  and former national director of the Civil Rights Division of the Anti-Defamation League, according to Schumer.

Regarding Walker, the San Francisco Chronicle published an editorial  saying he has a “proven record of impartiality.” A commentary by Debra J. Saunders in that newspaper asked, “Does Walker have a conflict?” Margaret Talbot blogged for the New Yorker that if Judge Walkers rules in favor of plaintiffs challenging the same-sex marriage ban, “opponents of gay marriage may try and make an issue of his sexual orientation. It wouldn?t be fair, but it wouldn?t be surprising, either.”

Full post as published by The Gavel on February 10, 2010 (boomark / email).