- February 21, 2016
Today in an op-ed for The Advocate, HRC President Chad Griffin called on President Obama to build on his legacy of LGBT equality by nominating an openly LGBT Supreme Court justice.
The op-ed reads, in part:
'To have a representative on our nation's highest court would send a powerful message to the millions of LGBT people who have struggled for recognition — and respect — for many decades.
Today, we have other legal champions who have helped move LGBT equality forward with unprecedented speed and visibility. Like Kathleen Sullivan, who was previously shortlisted for nomination to the Supreme Court and fought against sodomy laws in Georgia. Or United States District Court Judge Darrin Gayles, the first openly gay African-American man confirmed as a U.S. federal judge. Or Colorado Supreme Court Justice Monica Márquez, the first Latina and first openly lesbian woman to serve on the Colorado Supreme Court. Or former U.S. attorney for the Western District of Washington Jenny Durkan, who created a Civil Rights section in that office.
If the president truly wanted to be bold and bring in greater diversity to the bench, he could look to the LGBT leaders outside of the federal judiciary. We can look to our publicly elected officials for brilliant legal minds who have fought for LGBT equality on behalf of their constituents. Like Senator Tammy Baldwin, the first elected openly-LGBT U.S. Senator who introduced the Equality Act in the Senate. Or Oregon Governor Kate Brown, who championed a ban on so-called “conversion therapy” in the state, protecting LGBT children. Or Massachusetts Attorney General Maura Healey, who spearheaded the state’s challenge to the federal Defense of Marriage Act. These elected officials bring experience to the bench not only as members of the LGBT community, but as people with legislative and federal experience that has largely lacked from previous Supreme Court justices. And of course, there are more qualified candidates from across the legal and political realms whose lived experiences as being gay, lesbian, bisexual or transgender would inform their time on the bench.
Significantly, four of the five major Supreme Court cases that directly impacted the rights of the LGBT community — Bowers v. Hardwick in 1986, Romer v. Evans in 1996, United States v. Windsor in 2013, and Obergefell v. Hodges in 2015 — were decided by a razor-thin margin of five-to-four. There is no question that filling the vacancy created by Justice Antonin Scalia’s passing with a pro-equality judge is the most important task. But having an openly LGBT person on the bench would help to directly inform other justices of the uniquely personal impact these decisions can have on our own lives.
Notably, we have seen this happen in real time. During the oral arguments of Safford Unified School District v. Redding in 2009, Supreme Court Justice Ruth Bader Ginsburg challenged her colleagues' off hand dismissal of the humiliation a 13-year-old girl experienced when her privacy was violated by a male authority figure. As the only woman on the Supreme Court at the time of that case, Justice Ginsburg taught her fellow justices how to see the experience through an unfamiliar lens when evaluating the legal question of the reasonableness of the search. The previously skeptical justices ruled in favor of the young girl by 7 to 3.
There is no question that cases that directly impact the rights of LGBT people will be considered by the Court in the coming years, and LGBT Americans deserve a voice on the bench that can speak personally and authentically about their own experiences facing discrimination in their schools, churches and communities.
There remain countless elected officials and politicians across the country who remain fully committed to overturning Obergefell and stripping away our marriage rights, not to mention our basic dignity. These dissenters would rather adhere to their own anti-LGBT biases than accept and respect the law confirmed by the highest court in the land.
Despite the overwhelming support for full LGBT equality, millions in our community are still at risk of discrimination and violence in their daily lives all across the country.
It is time for an openly LGBT justice on our Supreme Court who will both affirm and symbolize our country’s commitment to full legal equality for its LGBT citizens.'
Read the op-ed in its entirety on The Advocate.