The question of whether we will have truly independent judges deciding cases is absolutely crucial to gay, lesbian, bisexual and transgender Americans, and indeed to all Americans who care about equality, fairness and democracy. Independent, fair-minded judges, free of pressure from groups like Focus on the Family and people like the Rev. Pat Robertson, could well determine that loving GLBT parents will be able to adopt children, committed same-sex couples will be able to marry and hardworking GLBT Americans will be protected from discrimination and harassment in the workplace.

The U.S. Constitution does not function automatically. Someone has to enforce the Constitution when it is violated. In our system, judges enforce constitutional rights. They make sure that the Constitution and other laws are applied fairly to protect all Americans, not just those in the majority. It is up to them to strike down unconstitutional laws passed by Congress. Independent judges are particularly important to the GLBT community right now since their function is to make sure minority rights are preserved and enforced — even when it is unpopular to do so.

It takes independent judges to perform these important tasks. Judges who are influenced by popular sentiment, or extremist pressure groups, will not be able to enforce the Constitution fairly, so that it applies equally to all Americans.

Consider the civil rights movement for African-Americans in the 1950s and 1960s. Of course we remember the Rev. Martin Luther King Jr.’s soaring, inspirational words, the courage of nonviolent protesters who stood up to angry mobs, police, dogs and firehoses. But the movement would have been incomplete without important legal victories like Brown v. Board of Education, which banned racial segregation in schools, and Loving v. Virginia, which struck down laws barring interracial marriage. Courts issued landmark decisions that broke down barriers in schools, at lunch counters, in the workplace, in marriage. These decisions were often extremely unpopular at the time and were greeted by angry denunciations and vows by segregationists to fight forever. Fifty years later, these decisions are part of the fabric of American life, and no serious politician can talk about segregating Americans based on race.

Like African-Americans 50 years ago, gay, lesbian, bisexual and transgender Americans are living in a time of historic change. We are getting closer to living in a country where equality means equality for all, where GLBT Americans are not second-class citizens. Legislators and judges are passing and enforcing laws aimed at fulfilling the promise of a democracy where all citizens are truly equal, with the same rights and responsibilities, regardless of their sexual orientation or gender identity or expression.

In the groundbreaking 2003 Lawrence v. Texas decision, the U.S. Supreme Court struck down so-called “sodomy laws” and made it clear that private sexual conduct between consenting adults cannot be a crime. That same year, the highest court in Massachusetts ruled that barring marriage for same sex couples violated the state constitution in the landmark Goodridge v. Department of Public Health case. These are important decisions that have very tangible consequences for GLBT Americans. We must make sure that there will be independent judges to uphold these decisions and enforce equal rights for GLBT Americans in future cases.