History Is on My Side, Says Calif. Justice Who Voted Against Gay-Marriage Ban
Carlos Moreno stood alone in May when he dissented from the decision upholding Proposition 8. But the California Supreme Court justice says history will prove him right — that denying gays and lesbians the right to marry is illegal discrimination.
“Someday at some point my dissent will be the majority view in California,” he said during an interview in his San Francisco chambers late Wednesday. “I think that’s where the law is headed.”
“Equal protection is either equal or it’s not,” he added. “It’s not the kind of thing you can chip away at.”
Moreno, one of four justices to back same-sex marriage last year and the sole vote against Prop 8 this year, took time to talk to The Recorder about his votes, his brief moment on the Obama administration’s short list for the nation’s highest court, and U.S. Supreme Court nominee Sonia Sotomayor’s controversial “wise Latina” comment.
Moreno’s dissent in Strauss v. Horton, 46 Cal.4th 364, came at a touchy time for him. He had been contacted by the Obama administration a week earlier as a possible replacement for retiring U.S. Supreme Court Justice David Souter. Since President Obama has officially stated his opposition to same-sex marriage, it could be assumed Moreno’s position on marriage and Prop 8 might be troublesome.
But, Moreno said, Obama’s vetters didn’t ask him how his Prop 8 vote — which wasn’t yet public — would go.
“They just asked if there were any high-profile cases — past or present, including on the trial court — that would be the kind of case that would draw attention.”
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Original source : http://gay_blog.blogspot.com/2009/07/history-is-on…
Souter proves a gay rights surprise
Deb PriceSouter proves a gay rights surprise
When David Souter was nominated to the Supreme Court in 1990, gay-rights groups quickly lined up to oppose him: Three years earlier, as a state judge he had signed onto an advisory opinion saying nothing prevented New Hampshire from banning gay adoption. But once on the court, Souter stepped into the shoes of civil rights giant William Brennan and quietly grew into them. What a joyful surprise Souter’s nearly two-decade run turned out to be. Using his intellectual gifts and good heart, Souter helped produce a warming trend, enabling the court to begin moving away from four decades of icy treatment of gay men and lesbians. Thanks to Souter, the court turned a major corner in 1995, when a unanimous opinion that he wrote for the court finally used the respectful term “gay.” Souter’s ruling also spoke respectfully of Massachusetts’ gay-rights law, igniting the hope that major breakthroughs would come soon. The first–Romer v. Evans–came the very next year. Souter voted with the majority in ruling gay Americans have a right to equal protection of the laws. He also voted with the majority in the landmark Lawrence v. Texas decision, which in 2003 declared gay Americans have a right to sexual privacy. In between, Souter wrote a gay-friendly dissent to the 2000 ruling allowing the Boy Scouts to ban gay scoutmasters. And, in a 1998 signal that the court was not undercutting Romer, Souter signed onto an unusual statement by Justice John Paul Stevens stressing that the court’s refusal to hear a challenge to a sweeping anti-gay amendment in Cincinnati “is not a ruling on the merits.” Within his own chambers, as my co-author Joyce Murdoch and I documented in “Courting Justice: Gay Men and Lesbians v. the Supreme Court,” Souter reacted respectfully when one of his law clerks came out. Souter hired another clerk who was a gay-rights scholar. Souter, appointed by a Republican president, added a parting gift: By choosing to retire when a gay-supportive Democrat will pick his successor, he likely ensured the court will continue its trend toward reading gay rights into the Constitution’s promises of equality. Obama offered a hint at what Souter’s replacement may look like when he said two years ago that he’d appoint justices with the “empathy to recognize what it’s like to be a young, teenaged mom … to be poor or African-American or gay or disabled or old.” More recently, Obama vowed to “seek someone who understands that justice” affects whether people feel “welcome in their own nation.” That kind of Souter replacement would maintain what’s now believed to be a 5-4 split in favor of basic gay rights. She — or he — will join the court’s progressive wing amid a sea change in public attitudes and legal rights for those of us who are gay. Knowledge of that “real world” could prove helpful: Unless Congress finally addresses two pressing injustices, the court might hear challenges in the next few years to the bans on openly gay soldiers and on federal benefits for same-sex married couples, notes gay law scholar Arthur Leonard. Souter’s replacement hopefully will feel a special kinship to him, as he did to Brennan. Even when ruling against a specific gay group in 1995 — declaring that forcing organizers of Boston’s St. Patrick’s Day parade to let an Irish-American gay group participate would violate the First Amendment — Souter was careful not to suggest the court agreed with anti-gay prejudices. Thank you, Justice Souter, for making gay Americans feel more welcome in our own nation. dprice@detnews.com (202) 662-8736 |
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Souter bids farewell
(Philadelphia, Pennsylvania) Supreme Court Justice David Souter, momentarily choked with emotion, bid an affectionate farewell Tuesday to judges and lawyers he has worked with for nearly two decades.
Souter spoke at an annual conference of judges and lawyers from Delaware, New Jersey and Pennsylvania. Souter handles matters that come to the …
Tags: Bid, David Souter, Decades, Delaware New Jersey, Emotion, Farewell, Judges And Lawyers, Justice David Souter, Pennsylvania Supreme Court, Philadelphia Pennsylvania, Supreme Court Justice, Supreme Court Justice DavidConservative Southerner leads GOP Court nomination fight
(Washington) The top Republican in the Senate served notice on President Barack Obama Tuesday that the GOP won’t rubber-stamp his choice to succeed the retiring Justice David Souter.
“The president is free to nominate whomever he likes,” said Senate Minority Leader Mitch McConnell, R-Ky. “But picking judges based on his or …
Tags: barack obama, David Souter, Gop, Justice David Souter, Leads, Mitch Mcconnell, Nomination, Republican, Senate Minority Leader, Senate Minority Leader Mitch, Senate Minority Leader Mitch Mcconnell, SouthernerLesbian law prof among potential Supreme Court nominees
(Washington) Court watchers think President Barack Obama will choose a woman for his first nomination to the Supreme Court, where only one of nine seats is held by a female - Justice Ruth Bader Ginsburg.
With Justice David Souter expected to retire this year, here are the some of the people …
Tags: barack obama, David Souter, Justice David Souter, Justice Ruth Bader Ginsburg, Law Prof, Lesbian Law, Nomination, Potential Supreme Court Nominees, Ruth Bader Ginsburg, Supreme Court NomineesA first gay justice?
President Barack Obama is looking to advance diversity with his pick to replace retiring Supreme Court Justice David Souter — and early speculation has focused on whether he’ll pick a woman, or perhaps the first Hispanic justice.
But gay rights groups — disappointed that Obama didn’t pick an openly gay man or woman for his Cabinet — are pushing him to put the first openly gay justice on the Supreme Court.
Within hours of word of Souter’s departure, the Gay and Lesbian Victory Fund was hailing the candidacy of a First Amendment scholar and former dean of Stanford Law School, Kathleen Sullivan. “Out lesbian a contender for Supreme Court,” one of the group’s web sites declared.
Another Stanford law professor on the “frequently mentioned” lists, Pam Karlan, has been open about being a lesbian, colleagues and former students say. In response to an e-mail from POLITICO, Karlan expressed no reticence about discussing her sexual orientation, though she downplayed talk about being a possible nominee.
“It’s no secret at all that I’m counted among the LGBT crowd,” she wrote, using a common acronym for the lesbian, gay, bisexual and transgendered community. As for the possibility she’d be nominated, Karlan said, “Given the landscape, I’m flattered, but not fooled, by having my name tossed around.”
Unrelatedly, a rave for Karlan as “(1) brilliant, (2) broadly knowledgeable — Cass Sunstein aside, I can’t think of anyone who knows so much about so many different legal fields — and (3) a spectacularly gifted writer” from a right-leaning Harvard Law professor, William Stuntz.
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