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| Antonin Scalia appeared at the USF School of Law in January, 2014, to promote “Reading Law: The Interpretation of Legal Texts,” a book he co-wrote with lawyer and lexicographer Bryan Garner. Photo: Shawn Calhoun | FlickrCC. |
Following the February 13th death of Supreme
Court Justice Antonin Scalia, rumors and speculations are circling about who
the new justice will—or should—be. But with a new addition to the Supreme Court
comes a new influence on the nation’s laws, and that bears a lot of potential
implications for the LGBT community. A new justice could tip the scales either
in favor of LGBT rights--or move the highest court in the land further away
from them.
As the nation moves forward and works to incorporate LGBT
individuals into its laws, as with the historic Obergefell v. Hodges case that
saw same-sex marriage legalized nationwide, and
with Ken Mehlman’s unifying amicus brief, a new justice could drastically
change the outcomes of the cases the Court currently faces. Should a new
justice vote against LGBT initiatives, some of the progress currently being
made could be halted or even reversed.
An important point in the consideration of a new justice is
that the federal government still
does not have anti-discrimination laws based on sex in public accommodations like in restaurants and hotels. A new justice could swing the vote in either direction. But the fight over the next justice is closely tied into this year’s presidential election, which could determine a lot more than just a new justice.
The Advocate believes it’s time for an LGBT justice now. Given that Scalia’s career was often marked by antiquated, comments, and controversial decisions, it makes some ethical sense to replace him with an openly gay or pro-LGBT justice. Thus far in his career, President Obama has nominated 10 openly LGBT federal judges, and he has appointed hundreds of LGBT officials to different posts. It follows that Obama could appoint one such judge to the highest post, if he is not blocked at every turn by opposition.
“Having an openly LGBT person on the bench would help to directly inform other justices of the uniquely personal impact these decisions can have on our own lives,” writes The Advocate.
LGBT rights are gaining support all over the country, but LGBT individuals are still at risk for harassment, discrimination, bullying, and murder. An openly LGBT justice could make all the difference for those individuals and for the country as a whole.
The Advocate believes it’s time for an LGBT justice now. Given that Scalia’s career was often marked by antiquated, comments, and controversial decisions, it makes some ethical sense to replace him with an openly gay or pro-LGBT justice. Thus far in his career, President Obama has nominated 10 openly LGBT federal judges, and he has appointed hundreds of LGBT officials to different posts. It follows that Obama could appoint one such judge to the highest post, if he is not blocked at every turn by opposition.
“Having an openly LGBT person on the bench would help to directly inform other justices of the uniquely personal impact these decisions can have on our own lives,” writes The Advocate.
LGBT rights are gaining support all over the country, but LGBT individuals are still at risk for harassment, discrimination, bullying, and murder. An openly LGBT justice could make all the difference for those individuals and for the country as a whole.
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