Christ First Forum

Should homosexuality be a 'litmus test' for high court?
Jim Brown - OneNewsNow - 5/29/2009 7:40:00 AM
Conservative political activists are divided over whether homosexual behavior should disqualify a judicial nominee from consideration for the U.S. Supreme Court.


Focus on the Family's judicial analyst, Bruce Hausknecht, recently told liberal blogger Greg Sargent that Focus would not oppose a Supreme Court nominee solely because of their homosexual behavior. "Our concern at the Supreme Court is judicial philosophy," Hausknecht said. "Sexual orientation only becomes an issue if it effects their judging."

Ashley Horne, federal policy analyst at Focus, says just like a nominee's ethnicity and life experience, homosexuality should not be a litmus test.

"Someone's sexual orientation or their preferences, none of these things should come into consideration when we're talking about evaluating someone who will make decisions based on precedent under the law [and who will] practice judicial restraint," Horne explains. "Those are the things we look at for whether or not someone would make a fit justice on the Supreme Court."

Gary Glenn, president of the American Family Association of Michigan, contends the position held by Focus on the Family is the equivalent of "moral retreat."

"It's not just the damage caused by Focus on the Family's moral retreat on the issue," Glenn argues. "[That explanation] will be used by homosexual activists and their allies in the media to further marginalize and delegitimize any pro-family organization that continues to take a biblical standard."

Peter Sprigg of the Family Research Council agrees with Focus on the Family that homosexuality should not be an absolute litmus test for a Supreme Court nominee. He argues in blog comments that "even Supreme Court nominees deserve some zone of privacy, and...there is at least a hypothetical possibility that somewhere in the country there is a judge who has experienced same-sex attractions, but who also respects judicial restraint and the original intent of the Constitution.

"In the real world, however, the chances of finding a highly-qualified judge who fits both of those descriptions are probably about equal to the chances of a camel passing through the eye of a needle," Sprigg concludes. "So don't hold your breath waiting for social conservatives to 'support' a 'gay' judicial nominee."

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