Tracy Thorne-Begland Appointed To Richmond District Court, Becomes Virginia's First Openly Gay Judge

Whoa. This is quite a turnaround.

This morning I mentioned that lawmakers and lawyers were putting pressure on the Circuit Court in Richmond, Virginia, to appoint openly gay prosecutor Tracy Thorne-Begland to the District Court, an appointment that was just rejected last month by the state's General Assembly.

Now comes word from both the Washington Post and a local CBS affiliate WTVR that Circuit Court judges have appointed Thorne-Begland for what may only be a temporary position. The General Assembly can overturn the decision when they return to session.

Democratic State Senator A. Donald McEachin released a statement congratulating Thorne-Begland, saying, "I have always had and continue to have the utmost confidence in Mr. Thorne-Begland’s ability to serve our community and I am gratified to see that the circuit court judges share my confidence.”

Not all Virginia lawmakers are so happy, however. Reliably conservative Republican Delegate Bob Marshall told WTVR that the decision puts the judges at odds with lawmakers who appointed them and that to put Thorne-Begland, a former Air Force pilot who spoke out against Don't Ask, Don't Tell before its repeal, was a "disgrace."

“To place someone on the board like that who, when he was offered an opportunity to rebut a presumption that he wasn’t committing a felony, under the uniform code of military justice, declined to do so, is a disgrace," said Marshall.

Anti-Gay Lawmaker On Civil Rights And Sodomy

Delegate Robert G. Marshall, Virginia legislator, is one of those "straight" men who can't stop thinking about the gays. We drive him nuts. Last February he was trying to keep gays out of the VA National Guard; last June he was trying to keep the VA Fed from flying the rainbow flag. Earlier this month he was stomping all over Tracy Thorne-Begland, the Richmond attorney who was about to become a District Court judge. (Now Thorne-Begland will not be a judge.)

Last Thursday found Marshall addressing a gathering of Tea Partiers in his home-state. It was a campaign stop, more or less: Marshall's running for the United States Senate. There, Marshall elaborated on his gayhating, evincing some confusion over the meaning of the term "civil right." From the Richmond Times-Dispatch:

"If sodomy is a civil right, do we have to protect it? Do we have to fund it? Do we have to teach it? Do we have to encourage it? Do we have to facilitate it?" Marshall said in an interview Thursday after an appearance at a Charlottesville meeting of the Jefferson Area Tea Party. "It is not a civil right," he added.

Marshall also said that gay sex "cuts your life by about 20 years."

Later, Marshall appeared on CNN to further explain himself. From the Dispatch:

"Did you ever see water fountains in Virginia that say heterosexuals only? I didn't. Did you ever see statements that all the homosexuals are going to ride on one bus and heterosexuals on the other? No," Marshall said.

"It is an insult to suggest that the efforts of Dr. Martin Luther King and Rosa Parks are in any way parallel to the efforts to do things that have been criminal for most of this nation's history."

Virginia House Rejects Judge Nominee Because He is Gay

Yesterday I posted about Virginia Delegate Bob Marshall's campaign to reject Tracy Thorne-Begland (pictured), a Richmond attorney, from a list of proposed District Court judicial appointments, because Thorne-Begland is gay.

Marshall won, the WaPo reports:

The House of Delegates voted 33 to 31, with 10 abstentions, to make Richmond prosecutor Tracy Thorne-Begland a General District Court judge in Richmond. He had needed 51 votes in the 100-member chamber to win appointment.

“He holds himself out as being married,” said Del. Robert G. Marshall (R-Prince William), who is running for U.S. Senate. Noting that gay marriage is not legal in Virginia, he said that Thorne-Begland’s “life is a contradiction to the requirement of submission to the constitution.”

Said Sen. Adam P. Ebbin (D-Alexandria), Virginia’s first openly gay senator: “The debate in the House of Delegates was homophobic and embarrassing and showed a disrespect to a chief deputy commonwealth attorney and decorated veteran who was honorably discharged. It’s offensive that the Senate wouldn’t even grant Lt. Thorne-Begland the courtesy of a vote.”

Virginia Lawmaker Vows to Block Judge Nominee Because He's Gay

Readers of this site will be familiar with Virginia Delegate Bob Marshall (below, right).

He's the guy who last year launched an unsuccessful campaign demanding the Richmond Federal Reserve Bank remove its Gay Pride flag. He also launched an unsuccessful attempt to block gays from serving in the Virginia National Guard.

Now he's trying to remove Tracy Thorne-Begland (above), a Richmond attorney, from a list of proposed District Court judicial appointments because Thorne-Begland is gay.

Says Marshall in a press release:

The judgeship nominee is Tracy Thorne-Begland, a Richmond attorney identified by Marshall (R., Manassas) as “an aggressive activist for the pro-homosexual agenda.”

“After more than a week of pleading by some Republican Caucus members,” Marshall said, “the House Republican leadership has so far declined to removed Mr. Thorne-Begland’s name from the block of nominees,” Marshall said.  “If this situation remains unchanged, I will offer an amendment to remove his name.”

Marshall questioned whether Thorne-Begland can swear to the oath required of Virginia’s judges in which they pledge to abide by the state’s constitution “if he has already indicated by his past public actions that he does not support its provision ‘that only a union between one man and one woman may be a marriage valid in or recognized by this Commonwealth and its political subdivision.’”

Thorne-Begland lives with a ‘partner” with whom he has a formalized homosexual union, Marshall said, and they have two adopted children.  Thorne-Begland has been active in the national homosexual advocacy group, Human Rights Campaign, and with Equality Virginia, of which he is a former board member.

Marshall pointed out that Thorne-Begland was serving as a Navy aviation lieutenant in 1992 when he went on national television to disclose his homosexuality, then was discharged under the “don’t ask, don’t tell” military regulation on homosexuality then in force.  Thorne-Begland sued the Defense Department, alleging that his right to free speech had been restricted, but he lost the case on appeal to the U.S. Court of Appeals for the 4th Circuit in Richmond.

“Mr. Throne-Begland joined the Navy under clear rules on homosexuality that he challenged when he sued the Department of Defense to change DADT,” Marshall said.

“Would Mr. Thorne-Begland also challenge rules that apply to Virginia courts?  Can this candidate swear the required oath to support our state’ constitution if he has already indicated by his past actions that he does not support that section of our constitution barring same-sex legal relationships?

“While our judges and judicial candidates certainly have a right to free speech, they do not have the right to disregard the Virginia constitution”

The Washington Post adds:

Marshall’s statement followed one issued Friday by the Family Foundation of Virginia, which also contended that Thorne-Begland was unfit for the bench because he had spoken out against “don’t ask, don’t tell” and in favor of same-sex marriage.

Thorne-Begland declined to comment over the weekend, saying via e-mail that it would be improper for him to do so as a judicial nominee. He referred questions to his sponsor in the House of Delegates, Del. G. Manoli Loupassi (R-Richmond).

Loupassi said that Thorne-Begland was “absolutely well qualified” for the post and that his public statements about gay rights do nothing to diminish his fitness for the bench.

Loupassi noted that two former delegates who’ve made their own public statements on a variety of political issues — C. L. “Clay” Athey Jr., a Republican from Warren; and Clarence E. “Bud” Phillips, a Democrat from Southside — are also among the nominees under consideration.