Judges and Judiciary
Jul. 25, 2002
S.F. Judges Won't Join Groups that Exclude Gays
SAN FRANCISCO - Superior Court judges and commissioners here are forbidden from joining groups that discriminate against gay people, under a new policy adopted by the judges.
The policy change came at the behest of the Bar Association of San Francisco and was designed specifically to address concerns about judges participating in the Boy Scouts of America.
"The perception of fairness and the perception of impartiality is an absolutely crucial part of being a judge, and a crucial part of upholding the integrity of the courts at all times," said BASF President Angela Bradstreet.
"We went through this a decade ago," Bradstreet said. "It was considered inappropriate for a judge to hold membership in an organization that excludes women. This really is no different."
The San Francisco judges approved the measure unanimously July 11.
The policy prohibits judges and commissioners from participating "as a member of a branch or chapter of any organization that invidiously discriminates on the basis of sexual orientation by excluding members on the ground that their sexual orientation alone renders them 'unclean,' 'immoral' or 'unfit,' unless the chapter or branch to which the judicial officer belongs has disavowed that invidiously discriminatory policy."
Membership in the Scouts became a hot topic when the U.S. Supreme Court addressed the constitutionality of the organization's bar against participation by gay men and boys. Bradstreet, a lesbian who has made gay rights her defining issue, said she was prompted by "disturbing" language in a brief filed by the Scouts with the U.S. Supreme Court that referred to homosexuals as "unclean" and not "morally straight." Boy Scouts of America v. Dale, 120 S.Ct. 2446 (2000).
The high court in Dale held that the Boy Scouts have a constitutional right to exclude gay men and boys.
After that decision, several gay and lesbian groups asked the state Supreme Court to adopt an ethics rule forbidding judges from participating in groups that discriminate based on sexual orientation. But the justices declined, saying instead that each judge must decide for him- or herself whether to participate in such groups.
In a written statement, San Francisco Presiding Judge Ronald Quidachay said the new local rule confirms the court's commitment to avoiding even the appearance of bias against any attorneys or litigants.
Bradstreet said she hopes San Francisco will be the first of many courts to adopt such a rule. She has asked officials from the Santa Clara County Bar Association to press the issue with South Bay judges and said she received a positive response. SCBA President Christine Burdick did not return a telephone call requesting comment.
Bradstreet said she plans to approach the Alameda County Bar Association next.
The rule was carefully drafted, Bradstreet said, and doesn't apply to the Roman Catholic Church because the church doesn't exclude members based on their sexual orientation. In fact, Bradstreet said, she couldn't name another group that the rule applies to except the Scouts.
Tyler Cunningham
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