Out Lesbian for Supreme Court Justice?

Kathleen Sullivan

Kathleen Sullivan

The Advocate is reporting that Justice David Souter may be replaced by out lesbian Kathleen Sullivan. Law Blogs, The Wallstreet Journal and The Washington Post also include Sullivan on their short list for the replacement of Souter.    Sullivan was the first female dean of any school at Stanford. She was involved in two very instrumental cases for gays and lesbians, Bowers vs. Hardwick and Lawrence vs Texas.  She is pro choice and a ruthless competitor.  From the Advocate:

Fellow lawyer Susan Estrich told The Harvard Law Review of her first exposure to young powerhouse Sullivan.

“I turned to my research assistant and said, ‘Who the hell is Kathleen Sullivan?’ I vowed never to be on the other side of this woman again. And I haven’t been. And I won’t be.”

If confirmed, Sullivan would be the first out Supreme Court justice.  She would be the third female Justice.  Sullivan’s choice would be monumental for gays and lesbians as many of our rights remain in legal limbo as cases move through the court system.  Most notably a DOMA lawsuit launched by Gay & Lesbian Advocates & Defenders (GLAD) on March 3, 2009 is making its way through the courts. The lawsuit is going after section 3 of the Defense of Marriage Act which defines marriage as between a man and a woman at the federal level and prevents federal rights and recognition of married same sex couples .  The defendants are claiming it violates the US Constitution.  The case could ultimately land at the Supreme Court. The presence of an out Supreme Court justice on the court would have a profound impact. How could the more conservative justices like Scolia and Thomas deny one of their colleagues equality under the law?

The psychological effect of an out Supreme Court Justice on the gay and lesbian community should not be overlooked.  For a community that is brow beaten over and over again, both legally and physically, Sullivan’s nomination would be profoundly monumental. Young LGBT community members who are the most vulnerable to these attacks, will have a role model they can look up to.  Gay people will have confirmation for the first time in their lives that being gay is no longer a limiting factor in their careers or the goals they set for themselves.

President Obama made a clear commitment to the gay and lesbian community to strengthen anti-discrimination laws and to federally recognize gay and lesbian relationships. It is time for the President to act on his promises and to make it clear that gays and lesbians are no longer second class citizens — that they are worthy of this countries highest honors including the Supreme Court of the United States.

Sullivan is profoundly qualified to be the Supreme Court nominee.  Please consider contacting the President to request Kathleen Sullivan’s nomination.

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