George W. Bush promised to protect the country, decrease the likelihood of terrorist attacks, bolster national defense, unite a divided nation and leave no child behind. Then he devoted himself to 'protecting' the institution of marriage, and appointing judges like Thomas and Scalia.
Unfortunately, it seems President Bush makes two kinds of promises to two kinds of people. Bush the Campaigner made the widely incompatible promises necessary to energize his base and to "swing" the very different group of voters he needed to win. Bush the Second-Term President has kept only one kind of promise and in response to the Roberts nomination we’ve – predictably – seen only one kind of victory dance. While the rest of the country becomes increasingly disillusioned by the sitting president, it’s the anti-gay, anti-choice, anti-civil rights, (anti-comprehensive sex-ed, anti-sponge bob …) victory march we see every day.
What we'd hoped from these hearings, was accountability. It's simply too difficult to accept the argument that Judge Roberts is an intelligent adult when he’s racking up credentials, but a powerless low-level drone when it comes to his less popular actions. On matters of personal opinion he says he doesn't have them or won’t tell and claims with a straight face that we can draw no conclusions based on his years in the Reagan and Bush I Administrations, private practice and the DC Circuit. It'd be laughable if the stakes weren't so high. Even George W. Bush recently took responsibility for the first time in his presidency, declaring that he’d fallen short on his most important campaign promise.
In the end, there will be accountability. If confirmed, John G. Roberts will likely serve for a generation. Bush will be accountable for the man he nominated. He'll be accountable to the pro-choice and GLBT Bush supporters who decided that national security should precede their rights, and who may not feel so safe these days. If it votes to confirm, the Senate will be accountable for failing to demand a demonstrated commitment to justice. HRC recognizes our own accountability to the people for whom we advocate and the rights we hope to achieve. As we often say, HRC envisions a world where GLBT individuals can be equal, open, and safe at home, at work and in the community. Whether we win or lose individual battles, we advocate for this world every day and at such an important juncture, we could not compromise.
One last point: whatever the result, the Roberts hearings were a spotlight over the Senate and the Judiciary and HRC worked to ensure that GLBT issues were part of this national discussion. We were pleased that public officials repeatedly framed our issues as civil rights matters important to all Americans; we were unsurprised by criticisms of our families and the landmark Supreme Court decision in
Lawrence. Roberts didn't offer much response to either sort of comment, except to distance himself from
Romer pro bono work at the very beginning of the very long hearings. At the very end, he provided a more revealing answer. When Senator Durbin (D-IL) asked if he would have agreed to represent the state of Colorado in its attempt to defend the anti-gay amendment eventually overturned by the Supreme Court, Roberts said: "Of course, I think I probably would have, Senator." So maybe John Roberts doesn’t have personal opinions, but is that really a good thing?
~By Liz Fujii and Lara Schwartz