November 21st, 2009
 

365 Gay: Living

Robert Raben: We need a gay Supreme Court Justice – and we need her now


We need a gay Supreme Court justice, and we need her now.

We have learned – just in recent years, surprisingly enough – that an openly LGBT official, doing a job well, performs two independent functions that benefit us all. First, they sit in the catbird seat and make good, or block bad, policy that affects our community. Second, they just do a damn good job and continue to demonstrate to straight folks who still don’t get it that our sexual orientation is a part of, but does not define all aspects of, who we are.

Said another way, some of the best civil rights activity among LGBT folks is simply about smart gays doing their jobs – chairman of the U.S. House Financial Services Committee, banker, janitor, payday lender, busgirl – really well.

Of more than 1,300 federal judges, close to zero are openly gay. That’s absurd. The reason is twofold: judgeships are appointed positions, and the appointers aren’t champing at the bit to take on the political fight of confirmation; and, more importantly, the key standard for qualification remains this amorphous thing called “judicial demeanor.” As a practical matter, that has been interpreted as the legal equivalent of “straight acting.” At the federal level (read: Congress), not enough of the voters (Senators) have been able to bring themselves to believe that openly gay folks are fit for the bench. That’s sad.

We need an openly gay head of the Office of Management and Budget (they make all the money decisions, and how fun would that be?). We need an openly gay Attorney General, Secretary of Interior (Design), and more.

But the signal moment for us, in terms of changing the texture of the federal courts that adjudicate the disputes around the very fabric of our lives, will be the appointment and confirmation of Madame Supreme Court Justice.

Robert Raben is the president and founder of the Raben Group and former assistant attorney general for legislative affairs in the Clinton administration.

Go back to the main story for more opinions on where we need LGBT officials.


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