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Gay Justices on the Rise

by Kim Trobee

With the same-sex marriage question still hanging in the air, some fear the result will be more rulings against traditional marriage.

Peter Sprigg with the Family Research Council says sexual orientation isn’t the issue for judge; it’s how they interpret the Constitution. And that includes homosexuals.

“I can’t say that it’s impossible for a homosexual judge to be objective, but certainly we’d have to be very cautious about that.”

Gay judges have had little impact on gay-rights issues and there’s no concrete evidence of activism. Still, Bruce Hausknecht with Focus on the Family Action can’t help being cautious.

“With the support that the Human Rights Campaign has for putting gay and lesbian judges on the bench, there’s no question in my mind that they’re not interested in diversity on the bench. What they’re interested in, is judges who will vote for gay marriage. Period.”

Margaret Marshall is a good example. She’s a judge on the Massachusetts Supreme Judicial Court and unabashedly pro-gay rights. That includes her rulings.

“If any judge gets on the bench with an agenda to impose their ideas contrary to what the Constitution or the law really is, they should be impeached and removed.”

Unfortunately, voters and Congress are reticent to take that step. Gay rights groups estimate there are 100 gay judges on the bench but that’s not enough. They’re calling for a “farm team” in the lower courts that will feed the federal bench.

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