Chief Deputy Commonwealth’s Attorney Tracy Thorne-Begland appears to have been successful in every aspect of his life: as a Navy fighter-pilot, a top prosecutor, and the father to two twin children. With bipartisan support he would have appeared a shoe in for a state judgeship. However, he was denied in a vote of 33-31 by the Virginia House of Delegates because of one other fact — Thorne-Begland is gay. For gays and lesbians, the state seal (which is my favorite among the states) now has a more sinister meaning.
Richmond Commonwealth’s Attorney Michael N. Herring correctly stated that “It’s hard to think about what happened in the General Assembly and not conclude that it’s a form of bigotry.”
Anti-gay activists like the Family Foundation opposed him and legislators insisted that he might push for some “activist agenda” — presumably enforcing some form of gay justice whatever that might be.
There will come a day when the votes of these 33 legislators will be held up as an example of the perverse period in which we currently live — a time when a talented lawyer was denied a judgeship solely due to who he loved as a partner.
Source: Times Dispatch
Mike A: Well said and thirded.
“There are two lesbians one of whom gets pregnant. In the event of divorce, a gay marriage would demand that the non-biological woman have equal rights to the child as the mother. I don’t think that is a good idea and a civil union would treat the real mosther as the sole parent. The same holds true for male gay marriages. I would be in favor in case of adoption, or biological children being assigned to one of the partners. A civil union law would define such things and expidite divorce or break-ups.”
Well shoot, I guess there’s no case law about custody for families who had to go to a sperm bank that could be used.
Also, since when is marriage about having children? I’ve got a pretty clear memory of getting my marriage license. I just had to pay the fee and sign it in front of a notary. Nobody mentioned kids.
Hmmmmm
Mike A.,
Well said and seconded.
Anti-Gay Virginia Lawmaker Explains His Decision To Block Gay Judge: ‘Sodomy Is Not A Civil Right’
By Ian Millhiser on May 17, 2012
http://thinkprogress.org/justice/2012/05/17/485792/marshall-sodomy-civil-right/
Excerpt:
Earlier this week, the Virginia House of Delegates rejected Tracy Thorne-Begland, a former Navy pilot and top Virginia prosecutor, for a seat on Virginia’s lowest ranking trial court because, in the words of Del. Bob Marshall (R-VA), Thorne-Begland’s gay “lifestyle is exactly contrary to” his obligation to uphold the state constitution. On CNN this morning, Marshall doubled-down on this view, explaining that he blocked Thorne-Begland because the judicial candidate had the audacity to serve his country while gay:
MARSHALL: [Thorne-Begland] had to misstate his background in order to be received into the military in the late 1980s. There was a specific question, “are you a homosexual?” He had to say no. He took an oath of office which he had to defy. . . . Dr. Martin Luther King and Rosa Parks never took an oath of office that they broke. Sodomy is not a civil right. It’s not the same as the Civil Rights Movement. You have to look at the past, and, in fact, look, in late 2011 he was critical of the, you know, Don’t Ask/Don’t Tell. He criticized our attorney general simply for explaining what the law of Virginia is with respect to certain protected classes.
Earlier this week, the Virginia House of Delegates rejected Tracy Thorne-Begland, a former Navy pilot and top Virginia prosecutor, for a seat on Virginia’s lowest ranking trial court because, in the words of Del. Bob Marshall (R-VA), Thorne-Begland’s gay “lifestyle is exactly contrary to” his obligation to uphold the state constitution. On CNN this morning, Marshall doubled-down on this view, explaining that he blocked Thorne-Begland because the judicial candidate had the audacity to serve his country while gay:
MARSHALL: [Thorne-Begland] had to misstate his background in order to be received into the military in the late 1980s. There was a specific question, “are you a homosexual?” He had to say no. He took an oath of office which he had to defy. . . . Dr. Martin Luther King and Rosa Parks never took an oath of office that they broke. Sodomy is not a civil right. It’s not the same as the Civil Rights Movement. You have to look at the past, and, in fact, look, in late 2011 he was critical of the, you know, Don’t Ask/Don’t Tell. He criticized our attorney general simply for explaining what the law of Virginia is with respect to certain protected classes.
First of all, “sodomy,” as Marshall so quaintly puts it, is a civil right. That was the holding of Lawrence v. Texas, which established that consenting adults have a right to be free from government interference in their “private sexual conduct.”
Additionally, while it may in fact be true that Thorne-Begland once misrepresented his sexuality in order to serve his country in the United States Navy, it is important to understand exactly what he signed up for when he told this potential lie. Tracy Thorne-Begland was a Navy pilot, and his superiors did nothing to hide from him the dangers inherent in this job. When Thorne-Begland was stationed at Virginia Beach, he was informed that 25 percent of pilots are killed in action over the course of a 20 year career. This was the job he might have lied in order to sign up for — to risk his life every day in defense of his county. Bob Marshall, by contrast, never served a day in the United States military.
Mike Appleton, good show, thank you. My experience of the Commonwealth is that although it has changed many of its laws, it has not yet washed its face, and still remains the sovereign persona it was when it was the last state in the Union to stand firmly behind its law against miscegenation. The idea that a judge could not serve well because of his sexual preference is kind of hilarious, in fact, in view of the fact that there are many gay judges in Virginia, but they are in the closet. A gay judge who is in the closet is actually dangerous, because he can be influenced by people who could “out” him if he didn’t decide cases the way they hoped. But no matter, in the Commonwealth, lying, cover-ups, hypocrisy and shady hidden lifestyle behaviors are all OK; what is NOT OK is to openly and honestly say, “I love someone of the same gender as me.” It is kind of funny that a bunch of people who would appear to have no hope that they could have sex with Mr. Thorne-Begland still care who ELSE is doing so. I would think that if you are a man who doesn’t want another man, or a woman who is not interested in this particular man, you would not occupy your important time or mental energy worrying about who goes to bed with HIM at night.
In my view the defeat of Mr. Thorne-Begland can be laid directly at the feet of Gov. McDonnell. Had he let it be known that the nomination should be approved, it would have been. Instead, he remained mute, attempting to simultaneously preserve his reputation for homophobia and avoid further erosion of his prospects for eventual national office. He was George Wallace standing at the entrance of the University of Alabama, but only whispering under his breath.
As for the Virginia legislature, this was a cowardly act of defiance, a feeble and ignorant effort to postpone the inevitable recognition of homosexuality as a biological fact by the same forces of religious and ideological bigotry that at one time closed Virginia schools to prevent integration. And the men and women who joined in the effort are as ignoble as their legislative predecessors.
Mr. Erb:
I found your comment about marriage and civil unions peculiar and confusing. Under the law, marriage is a contract, and its character as a contract is not affected in the least by the identity of the person who solemnizes it. It is created under state law, defined under state law and terminated under state law. All of the discussion attempting to distinguish between marriage and civil unions is part of an erroneous effort by conservatives to treat marriage as a sacred institution. That theologians may view it in that light is of no legal significance.
All of the discussion attempting to distinguish between marriage and civil unions is part of an erroneous effort by conservatives to treat marriage as a sacred institution.
Actually that isn’t the case at all. There should be a difference in many ways. For example in family law for divorce. There are two lesbians one of whom gets pregnant. In the event of divorce, a gay marriage would demand that the non-biological woman have equal rights to the child as the mother. I don’t think that is a good idea and a civil union would treat the real mosther as the sole parent. The same holds true for male gay marriages. I would be in favor in case of adoption, or biological children being assigned to one of the partners. A civil union law would define such things and expidite divorce or break-ups.
A discussion of a civil union statute would engender a rational discussion of what the legislature wishes to grant and why. That is all to the good and they can hash out the various permutations and combinations that will arise instead of letting some poor judge trying to parse the law for cases that are not codified in law or precedent.
For gays and lesbians, the state seal (which is my favorite among the states) now has a more sinister meaning.
******************************
Good choice, JT. It was designed principally by Judge George Wythe.
@DonS
The reasoning is so strange to me! In Wisconsin, Scott Walker just turned down $800 million in federal dollars for a train line — just to make a point!
Beyond the cross-subsidization issues, there are social and cultural issues just as likely to get swept under the rug.
If you don’t have to drive, you can read, or work, or talk on the phone, or just relax while you ride the bus. Mass transit means fewer drivers, which mean fewer drunk drivers, and fewer distracted drivers. Cars kill as many Americans every month as Saudi hijackers killed on 911. Mass transit saves lives.
If you are a city that runs a bus line, the bus routes can always change. If you have a train line like Chicago, a train stop represents a significant infrastructure investment — one that won’t go anywhere anytime soon. This essentially guarantees local businesses a certain amount of foot traffic for the foreseeable future. That’s good for business and it’s also good for property values.
Moreover, residences within a line of site of transit are less likely to rely on a car. That means less parking. Parking has a cost. If there’s less demand for parking, cities and developers can recoup that cost. That’s good for finance.
Experience has unfortunately led me to the conclusion, however, that reason never convinces anybody of anything…
Just when did qualifications become so minor in deciding who should become a judge? Disgusting result. I am sure that Jesus would have acted in just the same way by discriminating against this qualified attorney, right?
I don’t practice criminal law in Richmond so I don’t know Tracy Thorne-Begland personally. By reputation, he’s one of the best ones in CA Mike Herring’s office and well-qualified to handle the job. Governor McDonnell said discriminating against Tracy because of his sexual orientation would be “unacceptable.” Many of his Republican colleagues lead by Bob Marshall found such a vote quite acceptable. Others from both parties sat on the side lines while their colleagues in “safer areas” wielded the ax. Profiles in courage indeed.
Here’s the roll call vote of the good, bad, and the ugly:
Yeas (33)
David B. Albo (R-Fairfax); Kenneth C. Alexander (D-Norfolk); Mamye E. BaCote (D-Newport News); David L. Bulova (D-Fairfax); Betsy B. Carr (D-Richmond); Barbara J. Comstock (R-Fairfax); Rosalyn R. Dance (D-Petersburg); Peter F. Farrell (R-Henrico); Eileen Filler-Corn (D-Fairfax); Charniele L. Herring (D-Alexandria); Patrick A. Hope (D-Arlington); Algie T. Howell Jr. (D-Norfolk); Matthew James (D-Portsmouth); Mark L. Keam (D-Fairfax); Terry G. Kilgore (R-Scott); L. Kaye Kory (D-Fairfax); James M. LeMunyon (R-Fairfax); Lynwood W. Lewis Jr. (D-Accomack); Alfonso H. Lopez (D-Arlington); G. Manoli Loupassi (R-Richmond); Jennifer L. McClellan (D-Richmond); Delores L. McQuinn (D-Richmond); Joseph D. Morrissey (D-Henrico); Thomas Davis Rust (R-Fairfax); James M. Scott (D-Fairfax); Mark D. Sickles (D-Fairfax); Lionell Spruill Sr. (D-Chesapeake); Scott A. Surovell (D-Fairfax); Luke Torian (D-Prince William); David J. Toscano (D-Charlottesville); Jeion A. Ward (D-Hampton); Vivian E. Watts (D-Fairfax); Joseph A. Yost (R-Montgomery).
Nays (31)
Richard L. Anderson (R-Prince William); Richard P. “Dickie” Bell (R-Staunton); Robert B. Bell (R-Albemarle); Kathy J. Byron (R-Campbell); Benjamin L. Cline (R-Rockbridge); Mark L. Cole (R-Spotsylvania); John A. Cosgrove (R-Chesapeake); John A. Cox (R-Hanover); L. Mark Dudenhefer (R-Stafford); James E. Edmunds II (R-Halifax); C. Matthew Fariss (R-Campbell); T. Scott Garrett (R-Lynchburg); Thomas A. “Tag” Greason (R-Loudoun); Gordon C. Helsel Jr. (R-Poquoson); M. Keith Hodges (R-Middlesex); Timothy D. Hugo (R-Fairfax); Salvatore R. Iaquinto (R-Virginia Beach); Barry D. Knight (R-Virginia Beach); L. Scott Lingamfelter (R-Prince William); Daniel W. Marshall III (R-Danville); Robert G. Marshall (R-Prince William); Jimmie Massie (R-Henrico); Donald W. Merricks (R-Pittsylvania); James W. “Will” Morefield (R-Tazewell); Brenda L. Pogge (R-James City); Charles D. Poindexter (R-Franklin County); David I. Ramadan (R-Loudoun); Roxann L. Robinson (R-Chesterfield); Ron Villanueva (R-Virginia Beach); Michael B. Watson (R-Williamsburg); Tony O. Wilt (R-Rockingham).
Abstained (10)
M. Kirkland Cox (R-Colonial Heights); Anne B. Crockett-Stark, R-Wythe; Riley E. Ingram (R-Hopewell); R. Steven Landes (R-Augusta); Israel D. O’Quinn (R-Bristol); Lacey E. Putney (I-Bedford); Larry N. Rush (R-Montgomery); Edward T. Scott (R-Madison); Beverly J. Sherwood (R-Frederick); Chris Stolle (R-Virginia Beach).
Not voting (26)
Robert H. Brink (D-Arlington); David L. Englin (D-Alexandria); C. Todd Gilbert (R-Shenandoah); Gregory D. Habeeb (R-Salem); Christopher T. Head (R-Roanoke); William J. Howell (R-Stafford); Johnny S. Joannou (D-Portsmouth); Joseph P. Johnson Jr. (D-Washington County); S. Chris Jones (R-Suffolk); Joe T. May (R-Loudoun); Jackson H. Miller (R-Manassas); J. Randall “Randy” Minchew (R-Leesburg); Richard L. Morris (R-Isle of Wight); John M. O’Bannon (R-Henrico); Robert D. Orrock Sr. (R-Caroline); Christopher K. Peace (R-Hanover); Kenneth R. Plum (D-Fairfax); Harry R. Purkey (R-Virginia Beach); Margaret B. Ransone (R-Westmoreland); Robert Tata (R-Virginia Beach); Roslyn C. Tyler (D-Sussex); Onzlee Ware (D-Roanoke); R. Lee Ware Jr. (R-Powhatan); Michael J. Webert (R-Fauquier); Thomas C. Wright Jr. (R-Lunenburg) David E. Yancey (R-Newport News).
“If not then society would miss out on having two fine children and thus I can see a reason for the state not granting gay marriage licenses. ”
Well in that case we should require everyone to have 2 kids. Because otherwise society would miss out on them! For that matter, no more birth control or abortions, who knows how many kids we loose every year because of those two things?
Indigo Jones, I spent my early working life in the policy shop of the Urban Mass Transportation Administration. We made these arguments about cross subsidization, etc., that you have very nicely summed up. To little avail. Drove us crazy,too. That was the early 70’s. Just last week I tried to explain the same thing to my brother-in-law, who is sharp as a tack in many ways, but he could not open his mind enough to see the whole picture. And he’s a smart guy.
As to 30% of the populace being cracked, call it what you will, sometimes I feel like we’re doomed!