Judging the Judge in Virginia

Republican Virginia state delegate Robert Marshall insists that sodomy is not a civil right. That’s why he says he’s fighting to block an “extremely qualified” Virginia prosecutor who happens to be gay from becoming a judge of the General District Court in Richmond.

But he claims his opposition has nothing to do with the man’s sexual orientation. He’s only concerned about “bias” in cases between “a homosexual and heterosexual.”

“Sodomy is not a civil right. It’s not the same as a civil rights movement,” Marshall responded to a question from a CNN reporter comparing the gay rights struggle to racial discrimination against blacks as to why he opposes the gay man’s nomination.

“You bring up sodomy,” said the reporter. “Is the reason why you voted against him because he’s gay, pure and simple?”

 “Sorry, you’re mischaracterizing that,” Marshall replied. “I said sodomy is not a civil right, and there’s an effort by homosexual lobbyists to equate the two. That’s wrong. It’s a pattern of behavior.”

Despite the fact that one of Marshall’s Republican colleagues characterized the gay man as being extremely qualified for the bench, Marshall disagreed. “We don’t accept everybody who is nominated. Moreover, he would preside — he could preside as a district judge for a marriage of two guys if he wanted to, in violation of the law,” he opined. “Moreover, if you have a bar-room fight between a homosexual and heterosexual, I’m concerned about possible bias.”

Asked why he thinks a gay person would more likely be biased than himself, Marshall countered: “I wouldn’t apply to be a judge, I am an advocate… When I was in public school, we all went through a ritual. I know you may find it strange, that said keep us from temptation. This was because we said the Lord’s Prayer. Nobody – nobody should go where they’ll be tempted. That includes me, that includes you, that includes a prospective judge.”

That’s interesting. It sure looks to me that by becoming a lawmaker he’s gone to a place where he’s clearly given in to temptation. He’s a raging homophobe on a legal crusade against gays. “I’ve got strong beliefs, I can’t change them like a coat,” he told the Richmond Times Dispatch last week. Now he’s running for the Republican nomination for U.S. Senate.

He’s absolutely certain that sodomy is not a civil right in spite of the fact that nine years ago now, the U.S. Supreme Court decided the case of Lawrence v. Texas striking down sodomy laws in Texas and 13 other states, including Virginia, as unconstitutional. Justice Anthony Kennedy, writing for the majority, said there is “no legitimate state interest which can justify its intrusion into the personal and private life of the individual.”

But Section § 18.2-361 of Virginia Code, which bans sodomy, has never been repealed. “If any person carnally knows in any manner any brute animal, or carnally knows any male or female person by the anus or by or with the mouth, or voluntarily submits to such carnal knowledge, he or she shall be guilty of a Class 6 felony,” says the law.

Whew! It’s a good thing that the Supreme Court was wise enough to declare sodomy laws unconstitutional. Otherwise, the State of Virginia would be obliged to lock up just about every married and unmarried couple in the entire commonwealth, gay or straight, for felony violation of this statute, i.e. engaging in oral sex.

I’d be willing to bet that Mr. Robert Marshall himself is guilty as sin.

He’s definitely unfit to judge the judge.