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Looking For Hope In Court Appointments

by: Autumn Sandeen

Mon Mar 16, 2009 at 03:30:00 AM EDT



Deb Price, of the from the Detroit News, has a column up, entitled Obama could tip appeals courts to Dems. She sees hope in potential Obama appointments to the nation's Appeals Courts, especially for the lesbian, gay, bisexual, and transgender (LGBT) community:

...For the still-young lesbian, gay, bisexual and transgender rights movement, the makeup of these appeals courts is critical.

Already in the federal courts are challenges to the ban on openly gay members of the military and to part of the 1996 law prohibiting gay married couples from receiving federal benefits.

If Congress and the president expand hate-crime and workplace protections for sexual orientation and gender identity, appeals judges will play a huge role in enforcing those safeguards.

"Never underestimate the importance of having a fair judiciary at every level," says gay rights litigator Kevin Cathcart of Lambda Legal...

Lambda Legal wants Democrats/the Obama Administration to ask some specific questions of court appointees:

Lambda has urged the Obama team to ensure its judicial nominees respect Romer v. Evans and Lawrence v. Texas -- groundbreaking Supreme Court decisions recognizing that gays are entitled to equal protection under the Constitution -- and to quickly fill federal vacancies but not overlook qualified LGBT lawyers.

Elections matter. That were now discussing LGBT issue friendly court appointments is an example of how much the November 2008 really mattered.

~~~~~
Further reading:
* FindLaw Writ: The Consequences of Lawrence v. Texas; Justice Scalia Is Right that Same Sex Marriage Bans Are At Risk, But Wrong That A Host of Other Laws Are Vulnerable
* Lambda Legal: Romer v. Evans

Autumn Sandeen :: Looking For Hope In Court Appointments
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huh?
why would that be a criteria for picking a justice? i don't really see it happening that way, i don't think obama is all that gay friendly, he pays some lip service from time to time. just to keep the queens thinking he is doing something.  

there are different schools of thought among lawyers and judges.
a president can have a significant effect on the flavor of rulings by picking judges who adhere to one judicial philosophy or another. and i'm not talking about how they would vote on issue x,y or z, but an overarching philosophy on, for example, is the constitutino a living, growing document that need re-interpretation by each generation, or must we put ourselves in the mindset and the blinkers of its drafters when resorting to it for direction?

Lurleen on Twitter

[ Parent ]
It Is Important To Have The Courts Represent Their Communities
Many judges have noted that once there began to be more women and minority appointees to courts, courts began to take a different look at issues that especially impacted women and minorities. The same is true as to lgbt-rights issues. Justice Powell, at the time he voted for Bowers v. Hardwick-- the vicious decision reversed by Lawrence v. Texas,-- was unaware that one of his law clerks was gay and potentially impacted by the decision. He later expressed regret for this decision. Having openly lgbt law clerks has made some difference--as Justice Scalia bleated about in his dissent in Lawrence. But nothing beats having a peer to educate a person about prejudice and difference. Right now there are near 0 out lgbt judges on the federal judiciary. This is inexcusable and something that should be corrected by this administration and Congress.

Obama won't do it
He'll simply claim the Republicans in the Senate will filibuster anyone that's not a right-wing fundie and that's what he'll pick - right-wing fundie a-holes.

The hottest places in hell are reserved for those who, in time of great moral crisis, maintain their neutrality. -- John F. Kennedy (inspired by Dante's Inferno)

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