Questions gather regarding Garland’s position on LGBT rights

by Sara Ritsch
Staff Writer

(Oklahoma City, OK) – This morning on March 16, 2016, President Barack Obama nominated Merrick Garland, a judicial moderate, to serve as an Associate Justice of the Supreme Court. This nomination is to fill the vacancy left in the wake of Justice Antonin Scalia’s death.

As said by The Advocate, “If confirmed, Garland will replace Antonin Scalia, who Obama called ‘one of the most influential jurists of our time.’ But Scalia was also surely one of the most conservative members of the court, and Garland won’t be Scalia.”

Scalia was appointed to the Court by President Ronald Reagan in 1986 and was known for his extremely conservative values – especially regarding human rights. Scalia opposed affirmative action and any other policies that treated minority groups. He tended to vote to strike down laws concerning race, gender/gender identity or sexual orientation.

In his absence, Garland’s nomination leaves the nation with the question of his stance on human rights. The Gayly’s main concern: Garland’s position on LGBT and human rights.

Garland’s only recorded activity regarding gays is both scarce and vague. According to Keen News Services, “Garland joined a decision that upheld a Federal Communications Commission action against the operator of a low-power radio broadcaster serving the gay community. And he joined then D.C. Circuit Judge John Roberts Jr. in a decision rejecting police liability for misconduct by officers who sprayed a chemical deterrent on members of a pro-gay protest group during President George W. Bush’s first inaugural parade.”

Garland is a moderate who shares both conservative and liberal values, whereas former Justice Scalia consistently maintained his conservative values. With this nomination, the Human Rights Campaign released a statement supporting Pres. Obama.

“The decisions made by the Supreme Court establish important legal precedents that impact the daily lives of all Americans, including those who are LGBT. This year alone, the Court is expected to rule on many critical issues: including affirmative action, immigration, religious refusals and abortion rights--and the American people deserve a fully-functioning Court with nine justices seated and considering cases before it.

“Over the past 25 years, the LGBT community in particular has benefited from groundbreaking decisions from the court, including Romer v. Evans, Lawrence v. Texas, U.S. v. Windsor, and Obergefell v. Hodges--the latter of which ushered in nationwide marriage equality last June. Notably, each ruling was decided by a razor-thin margin of just one vote. While each has bettered the lives of millions of Americans, during that same time there have been tremendously disappointing rulings, such as Burwell v. Hobby Lobby and Shelby County v. Holder, that have been both far-reaching and harmful to a great many more people across our country.

“President Obama’s incredible legacy of achievement on LGBT equality remains unmatched in our country’s history. Not only has he appointed two pro-equality Associate Justices to the Supreme Court--Justices Sonia Sotomayor and Elena Kagan--but he’s also named a record 10 openly LGBT judges to the federal bench. HRC fully hopes that in Judge Garland, we will find another well-qualified justice who will uphold the Constitution and rule fairly on issues important to the LGBT community.”

The LGBT community hopes for the same thing.

In the meantime, Obama notes that Garland oversaw the federal government's response to the deadly bombing in Oklahoma City in 1995. Obama says the case informed his view that the law is more than an intellectual exercise and that he believes in protecting the basic rights of every American. Garland supported the death penalty for the defendant.

Garland has served for 19 years on United States Court of Appeals for the District of Columbia Circuit and became its chief judge in 2013. Obama says, "I chose a serious man and an exemplary judge." He has often been described as “brilliant” and a “fine man.”

In addition to these acclamations, Tom Goldstein, the publisher of SCOTUSblog, wrote in 2010 that "Judge Garland's record demonstrates that he is essentially the model, neutral judge. He is acknowledged by all to be brilliant. His opinions avoid unnecessary, sweeping pronouncements."

Goldstein says he takes a broader view of the First Amendment and prefers open government.

The Gayly – 3/16/2016 @ 11:21 a.m. CST