Will Supreme Court Justice David Souter’s retirement affect gay rights? – Nancy, Chicago

The makeup of the Supreme Court affects every corner of American lives, because the decisions the court makes affect us all – from whether we can be arrested while having private consensual sex to what actions we can and can’t take against our government.

David Souter was nominated in 1990 by President George Bush Sr. – but as the Court has swung to the right (Alito, Roberts, Thomas) he has become a reliable, moderate voice.

Souter voted with the majority in the 1996 Romer v. Evans, which held that a Colorado amendment forbidding any municipality from protecting gays and lesbians from discrimination was unconstitutional. He also voted with the majority on the 2003 Lawrence v. Texas, which invalidated sodomy laws. In the 2000 Boy Scouts of America v. Dale, the Court held that the Scouts couln’t be compelled to accept a gay Scoutmaster. But Souter voted with the dissent, which said that “The law broadly protects the opportunity of all persons to obtain the advantages and privileges of any place of public accommodation.”

In short, on the main gay rights cases that were before the U.S. Supreme Court during his tenure, Souter was on our side.

Obama is likely to replace this moderate judge with another moderate judge. Odds are that the new judge will be a woman, since there’s currently only one, Ruth Bader Ginsburg, on the court.

NEXT PAGE: A lesbian on the Court?