Gay Prosecutor Is Denied Virginia Judgeship

[No One]

http://www.nytimes.com/2012/05/16/us/politics/gay-prosecutor-is-
denied-judgeship-in-virginia.html

By SABRINA TAVERNISE

Virginia’s Republican-controlled House rejected the judicial
nomination of a gay Richmond prosecutor early Tuesday morning,
plunging the critical swing state into the middle of the
national debate about the civil rights of gay Americans.

The prosecutor, Tracy Thorne-Begland, a former fighter pilot and
Navy officer, failed to garner the majority of the 100-member
House of Delegates that was required to secure the judgeship.
Lawmakers in the House of Delegates voted 33 to 31 to support
him, with 10 abstentions.

The vote, which took place after 1 a.m., after a number of
delegates had already gone home, took lawmakers by surprise. Mr.
Thorne-Begland’s candidacy had broad bipartisan support from the
Courts of Justice Committee, which is charged with vetting
judicial appointments, and many lawmakers assumed his
appointment would be approved. Indeed, seven Republicans voted
in favor of his candidacy.

But Mr. Thorne-Begland, 45, ultimately failed to draw the votes
after lobbying from both the Family Foundation, a powerful
conservative group that opposed his candidacy, and conservative
lawmakers, who argued that his past indicated that he would
press an activist agenda from the bench.

The rejection comes as the country is in the midst of a roiling
debate over same-sex marriage that has placed the civil rights
of gays and lesbians in the national spotlight. Last week,
President Obama said he supported same-sex couples’ right to
marry, a position that set off a frenzy of political soul-
searching as Republicans and Democrats staked out their own
positions. States, meanwhile, have been passing legislation
banning same-sex marriage, most recently North Carolina last
week. Others, including New York and Maryland, have passed laws
legalizing it.

Mr. Thorne-Begland disclosed his sexual orientation as a naval
officer nearly 20 years ago during an appearance on ABC’s
“Nightline,” in a challenge to the military’s ban on service by
homosexuals. He was discharged honorably from the Navy after the
disclosure, reinstated by a federal court, and then discharged
again under the subsequent “don’t ask, don’t tell” policy. He
also served on the board of Equality Virginia, a gay rights
nonprofit group.

“The only conclusions I can come to is that he was not supported
because he was gay,” said Delegate Charniele Herring, a Democrat
who voted for him.

But conservatives, including Delegate Bob Marshall, a Republican
from Prince William County, argued that those aspects of his
biography meant that he would not be able to be impartial, and
might even engage in activism, if he became a judge. Mr.
Marshall, together with several fellow Republicans from his
county, a number of them former military men, led the charge
against Mr. Thorne-Begland on Tuesday morning.

“It’s about a pattern of behavior that is just notorious for
homosexual advocacy,” Mr. Marshall said. He added that Mr.
Thorne-Begland had misrepresented himself on his application for
military service, joining the Navy despite the ban on
homosexuals in service. “The fact that he defied his oath and
could not have been candid on the application — that’s highly
problematic, and it stays with you,” Mr. Marshall said.

Mr. Thorne-Begland, who is raising twins with his partner,
according to a biography that he provided, tried to allay
concerns about impartiality, saying in a letter sent to Delegate
David B. Albo, a Republican who is the chairman of the House
Courts of Justice Committee, that if confirmed as District Court
judge, he would “neutrally apply the laws.” He also pledged to
stay out of politics and public discourse.

Gov. Bob McDonnell, a Republican, weighed in on the debate
Tuesday, sending out a statement that implicitly condemned the
vote, saying judicial candidates “must be considered based
solely on their merit, record, aptitude and skill.”

The statement also said Mr. McDonnell had “long made clear that
discrimination on the basis of sexual orientation is not
acceptable in state government,” an assertion that his
Democratic opponents say contradicts his own record. When he was
a state legislator, Mr. McDonnell was head of the committee that
held hours of hearings and ultimately torpedoed the candidacy of
a lesbian judge, Verbena Askew, whose sexual orientation was a
central part of the debate.

Virginia is one of more than 30 states with a ban on same-sex
marriage, and gay advocacy groups say the state’s record on
civil liberties for gays and lesbians is spotty. House
Republicans have twice blocked a bill that would protect state
employees from discrimination by sexual orientation, according
to James Parrish, executive director of Equality Virginia. The
group issued a statement condemning Tuesday’s vote, saying it
was the result of pressure by the Family Foundation.

“We are on the wrong side of history on this one,” said State
Senator Donald McEachin, a Democrat, who supported Mr. Thorne-
Begland’s candidacy and criticized the Republican leadership of
the Senate for not putting his nomination up for a vote, after
the House rejected him.

Mr. Thorne-Begland was being considered for a judgeship on the
General District Court in Richmond, where he currently serves as
a prosecutor. In a statement on Tuesday, he said only that he
was “looking forward to continuing to serve the citizens of the
city of Richmond and the great commonwealth of Virginia.”