Supreme Court Nominee Merrick Garland and LGBT Rights

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.

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.

Garland is thought to be an excellent middle-of-the-road choice for a government torn apart by partisan sentiment and struggles for control. Garland, noted for his sharp legal mind and his even-handedness, makes a fine Supreme Court candidate. At the very least, he is not the worst choice that the president could have made, and a swift confirmation would be both in his best interest and, hopefully, in the best interest of the LGBT community.