Open Forum: Justice Sotomayor - Friend or Foe?

This week the senate held confirmation hearings on Judge Sotomayor who is widely expected to receive more than enough votes in the democratic controlled congress. This would be historic in the respect that it would be the third woman nominated to the Supreme Court and the first Latina.

Not much is known about where Judge Sotomayor stands on LGBT issues, she has had very few cases that have dealt directly with queer concerns. Major LGBT advocacy groups however like the Human Rights Campaign applaud her nomination and claim "confidence" in her judicial philosophy. The mere fact that she has been nominated by democrats is not enough to assure us on how she will rule on key issues. Many republican nominated judges have turned out to be more moderate/liberal as seen in the California supreme court ruling on Prop 8, and the Iowa Supreme Court's unanimous ruling on marriage equality. Judges are supposed to rule on the merits of the case and only follow the constitution. Ideally issues on LGBT equality should not be considered a conservative nor liberal issue, but a civil rights and constitutional issue. Sadly, activist judges on the conservative end of the spectrum have failed to uphold the constitution and use loopholes in the law to justify their viewpoint.

Do you think Judge Sotomayor should be confirmed, will she be an LGBT ally on the bench or might we see a democratically appointed judge who is conservative on social issues that effect our community?

Obama on Supreme Court Appointments & Marriage

Obama on the Supreme Court:

"And so my criteria, for example, would be-- if a Justice tells me that they only believe the strict letter of the Constitution-- that means that they possibly don't mean-- believe in-- a right to privacy that may not be perfectly enumerated in the Constitution but, you know, that I think is there. I mean, the-- the right to marry who you please isn't in the Constitution. But I think all of us assume that if a state-- decided to pass a law saying, "Brian, you can't marry the woman you love," that you'd think that was unconstitutional. Well, where does that come from? I think it comes from a right to privacy-- that may not be listed in the Constitution but is implied by the structure of the Constitution."

Crossposted via Good As You.