May 16, 2012 | by Lou Chibbaro Jr.
Gay prosecutor rejected for judgeship in Va.

Virginia’s Republican-controlled House of Delegates created an uproar among rival Democrats and LGBT activists early Tuesday morning when it voted to reject the nomination of gay Richmond prosecutor Tracy Thorne-Begland for the post of General District Court judge.

The 1 a.m. vote came in the last hour of the Virginia General Assembly’s 2012 legislative session. It followed claims by several Republican delegates that Thorne was unfit to be a judge because he has been an advocate for LGBT rights and couldn’t make impartial rulings on the bench.

The opposing lawmakers, led by Del. Bob Marshall (R-Prince William County), also charged that Thorne-Begland “misrepresented” himself on an enlistment application by not disclosing he was gay when he joined the Navy.

Thorne-Begland, a decorated Naval officer and fighter pilot, became a nationally recognized advocate for ending the military’s ban on gay service members in 1992 when he disclosed that he is gay, leading to his honorable discharge from the service a short time later.

“The fact that he defied his oath and could not have been candid on the application – that’s highly problematic and it stays with you,” Marshall told his colleagues.

When the vote was called, 33 delegates – 25 Democrats and eight Republicans — voted for the nomination, with 31 lawmakers – all Republicans – voting against the nomination. But nine Republicans and one independent abstained from voting and 19 Republicans and seven Democrats either were absent or did not vote, preventing Thorne-Begland from obtaining the 51 votes needed to approve the nomination in the 100-member House.

Under Virginia’s procedure for appointing judges, the General Assembly members representing Richmond, the area where Thorne-Begland would have served as a judge, placed his name in nomination after determining he was qualified for the post. Virginia Gov. Bob McDonnell didn’t advocate for Thorne-Begland’s nomination but issued a statement on Tuesday saying judicial nominees “must be considered based solely on their merit, record, aptitude and skill.”

Thorne-Begland, 45, serves as Richmond’s Chief Deputy Commonwealth’s Attorney and has worked as a Richmond prosecutor for 12 years.

His boss, Richmond Commonwealth’s Attorney Michael Herring, called Thorne-Begland highly qualified to serve as a judge.

“It’s hard to think about what happened in the General Assembly and not conclude that it’s a form of bigotry,” Herring said at a news conference in Richmond Tuesday afternoon. He called the vote to defeat Thorne-Begland an “embarrassment” for the state.

“The debate in the House of Delegates was homophobic and embarrassing,” said Virginia State Sen. Adam Ebbin (D-Alexandria), who is gay. “It showed disrespect to a Chief Deputy Commonwealth’s Attorney and decorated veteran who was honorably discharged,” Ebbin said. “It’s also offensive that the Senate wouldn’t even grant Lt. Thorne-Begland the courtesy of a vote.”

Ebbin was referring to a unanimous vote by Senate Republicans to invoke a parliamentary procedure that blocked the Senate from voting on Thorne-Begland’s nomination. Ebbin noted that although a Senate vote in favor of the nomination could not have saved the nomination because both houses are needed to approve it, he said the Senate should have taken a vote on the issue.

“I believe the Senate would have voted in favor of the nomination,” he told the Blade.

Thorne-Begland would have become Virginia’s first openly gay judge if the General Assembly had approved his nomination.

A Washington Post editorial said Thorne-Begland’s nomination was “sabotaged by an ugly campaign of homophobic bigotry led by Virginia Republicans.”

Equality Virginia, a statewide LGBT advocacy group, said it was especially troubled that too many lawmakers succumbed to “fear mongering and shrill personal attacks” against Thorne-Begland by the Virginia Family Foundation, which opposes LGBT rights.

“The fact that the legislature caved in to the Family Foundation’s biased blathering is another unfortunate marker on the forced march to the past on which they seem determined to lead the Commonwealth,” Equality Virginia said in a May 15 statement.

Lou Chibbaro Jr. has reported on the LGBT civil rights movement and the LGBT community for more than 30 years, beginning as a freelance writer and later as a staff reporter and currently as Senior News Reporter for the Washington Blade. He has chronicled LGBT-related developments as they have touched on a wide range of social, religious, and governmental institutions, including the White House, Congress, the U.S. Supreme Court, the military, local and national law enforcement agencies and the Catholic Church. Chibbaro has reported on LGBT issues and LGBT participation in local and national elections since 1976. He has covered the AIDS epidemic since it first surfaced in the early 1980s. Follow Lou

6 Comments
  • CHRISTOPHER ALLEN HORTON

    VIRGINIA IS A REPUBLICAN STATE CONTROLLED BY REPUBLICAN LAWMAKERS. IT MAKES PERFECT SENSE TO REJECT A HOMOSEXUAL FOR A JUDGESHIP. HAVING A MILITARY-SERVICE RECORD DOES NOT EXEMPT TRACY THORNE-BEGLAND FROM THE WILL OF VIRGINIA’S CITIZENRY.
    CHRISTOPHER ALLEN HORTON

  • Virginia is a “PURPLE” state, with TWO Democratic U.S. Senators. Two of Virginia’s last three governors are Democrats. Advancement on civil rights has always had a two-steps-forward/ one-step-back political dynamic.

    Obviously, the Commonwealth is in a one-step-back mode at this time. Radical Republicans again have overstepped their power in Richmond. The Republican-controlled legislature of Virginia now stands indicted of open bigotry and homophobia by a growing number of Democrats and Independents.

    Added to Virginia Republicans’ war on women, this arrogant display of GOP bigotry will help turn the state back to more moderate, progressive control.

  • I'm Just Sayin'

    “We applaud Governor McDonnell for continuing to voice his belief that discrimination on the basis of sexual orientation is unacceptable and standing up for the LGBT community” writes Log Cabin Republicans on their Facebook page.

    So LCR, why didn’t you dismiss Governor McDonnell’s statement in response to this failed judicial appointment as a “calculated announcement come[ing] too late to be of any use?” Or perhaps, you can clarify why LCR believes the Governor “deserves praise for an announcement that comes a day late and a dollar short? ” How is it that he “standing up for the LGBT community” as you suggest, rather than trying to “manipulate LGBT families for political gain” as you have recently accused others?

    It seems to me the that the Governor’s words are “cold comfort” to equality minded VIrginians who just witnessed the lingering depths of intolerance in their state. Perhaps LCR can tell us what actions they expect the McDonnell administration to take to assure that there is not a repeat of this type of situation, other than not nominating somebody who is gay.

  • This is absolutely disgraceful. Not too long from now, almost everybody will look back at incidents like this with shame.

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