President Obama and his nomination for the Supreme Court,
Chief Judge Merrick Garland, leave the White House Rose Garden after announcing
the nomination. Photo: The White House | Instagram.
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Last week, President Obama nominated judge Merrick Garland
to the Supreme Court as a replacement for Antonin Scalia, who died last month
at 79. Garland is widely recognized as a cordial and kind mind; he is also
considered a moderate, a fact which could appeal to the tough Republican party
who have vowed not to vote on a new justice until there is a new president.
Many people now are wondering what Garland’s stance is on
some hot-button issues, including same-sex marriage and LGBT rights. But
because his voting records on these issues are quite limited, it’s hard to say
exactly what he believes—but the LGBT community is hopeful that Garland is on
their side.
Most LGBT advocates who have expressed opinions on Garland
have expressed positive ones, which can be difficult to do in a strongly
conservative Senate. Republican leaders have sworn that they won’t confirm
anyone nominated by Obama, but in the past we’ve seen party members push
forward with pro-LGBT legislation, like
Ken Mehlman’s 2013 amicus brief. So while it’s unclear if Garland would
even be confirmed, many in the LGBT community are hoping to see a confirmation
sooner rather than later.
The
Human Rights Campaign sees Merrick as a fit nomination, writing, “Americans
deserve a full Supreme court bench, and President Obama’s nominee deserves a
hearing. There is no doubt that Merrick Garland is a highly qualified
candidate, and the Senate has a Constitutional responsibility to give him a
swift and fair consideration.”
But where does Garland actually stand LGBT rights? He has
only ruled in a small handful of relevant cases, including ruling against a
low-powered educational radio station that served the queer community and
wanted protection under the First Amendment. But the ruling appears to have
been more concerned with wattage designations and technicalities than the
content of the messages. According to SCOTUS blog writer Tom Goldstein, Garland
tends to be more conservative on fiscal issues and the rights of criminal
defendants and more
left-learning on issues like environmental issues and freedom of speech.
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