A gay New York attorney whose nomination to the federal bench was rejected by the White House over anti-Christian comments he allegedly made claims that media outlets mischaracterized his views.

In an Oct. 21 letter to the Washington Blade, Daniel Alter said media outlets misrepresented his views on inclusion of the phrase “under God” in the Pledge of Allegiance and the practice of wishing shoppers “Merry Christmas” during the holidays.

The Blade this week published those reported statements as they were presented in a 2005 article from Cybercast News Online and a 2004 article in The New Republic.

“Having read the [Blade] article, I am concerned that other readers might come away believing that I am hostile to the seasonal greetings ‘Merry Christmas’ and that I personally object to the Pledge of Allegiance,” Alter writes. “Neither is true.”

In February, Sen. Chuck Schumer (D-N.Y.) announced his recommended nomination of Alter to serve as a judge for the U.S. District Court in the Southern District of New York.

But informed sources told the Blade the White House rejected the nomination over the statements perceived as anti-Christian.

Alter was previously an assistant U.S. attorney for the Southern District of New York and specialized in First Amendment and terrorism issues. He also served as national director of the civil rights division of the Anti-Defamation League, an organization that works to fight anti-Semitism.

Had the Senate confirmed Alter to the position, he would have become the first openly gay male to serve on the federal bench.

In his letter to the Blade, Alter says the CNS article that quotes his views on “Merry Christmas” took his “words entirely out of context.”

“As National Civil Rights Director for the Anti-Defamation League, it was my job to express ADL’s view that — especially at holiday time — people should appreciate that different faith traditions celebrate differently, and children’s schools and other public institutions should try to acknowledge these diverse customs when they sponsor holiday events,” Alter says. “In short, the message was that holiday time should be a time for warmth and inclusion, not division and exclusion.”

The quote from the 2005 CNS article reads: “Our diversity has made us great and will continue to make us great and ['Merry Christmas'] undermines both the holiday spirit as well as the message I think Americans should be sending to each other.”

Alter attached to his letter to the Blade a 2005 e-mail he sent to the communications staff at the Anti-Defamation League saying CNS News “falsely reported” his remarks.

“I feel strongly that we should send a correction for the record,” Alter said at the time. “I do not want to go down as someone who is hostile to ‘Merry Christmas.’”

Deborah Lauter, current director of civil rights for the Anti-Defamation League, has told the Blade her organization “should have insisted” the record be corrected at the time.

CNS News didn’t immediately respond to the Blade’s request for comment on the accuracy of the Alter quote.

In the letter to Blade, Alter also takes issue with the way his views of the phrase “under God” in the Pledge of Allegiance were presented in the 2004 article in The New Republic and says his fidelity to the pledge has “never waivered.”

“Not while I recited it on a daily basis in elementary school, not while I served in the United States Department of Justice for almost eight years, and not while I worked at ADL earnestly defending the fundamental right of all who live in this nation to practice their faith freely and enthusiastically, or not to be religious, depending upon their individual conscience,” Alter says.

In his letter, Alter doesn’t explicitly state that he was misquoted in The New Republic article in 2004 or that the piece merited a correction.

Lauter has told the Blade that Alter said he doesn’t recall speaking to The New Republic reporter who quoted him in the article.

The New Republic article quotes Alter as saying that the U.S. Supreme Court case Elk Grove United School District v. Newdow, which challenged inclusion of “under God” in the Pledge of Allegiance, was “a good case at the wrong time.” Additionally, the article reports that Alter was “relieved” the Supreme Court decision “left open a window for future challenges.”

The New Republic didn’t immediately respond to the Blade’s request for comment on whether it stands by its reporting from 2004.

Based on the reported statements, the White House and Schumer reportedly determined that Alter wouldn’t be able to reach the 60-vote threshold needed in the Senate to overcome a filibuster of his nomination. It’s unclear when the decision to reject Alter was made.

The rejection disappointed many of his supporters, who urged the White House and Schumer to reconsider the decision and push him through the Senate. Schumer has since recommended the nomination of another openly gay man for the position on the judiciary.

Shin Inouye, a White House spokesperson, addressed the rejection of Alter’s nomination in a statement to the Blade.

“The White House does not comment on Presidential appointments that have not been announced,” Inouye said. “But all potential nominees are considered on the basis of their qualifications.”

Inouye said the president is committed to appointing “highly qualified individuals” for each post and “is proud that his appointments reflect the diversity of the American public.”

“We have already made a record number of openly LGBT appointments — including appointments to the judicial branch — and we are confident that this number will only continue to grow,” Inouye said.

The White House has rejected the recommended nomination of a New York attorney who would have become the first openly gay man to sit on the federal bench, because of comments he reportedly made about the Pledge of Allegiance and Christmas that were deemed anti-Christian.

In February, U.S. Sen. Chuck Schumer (D-N.Y.) recommended the nomination of Daniel Alter to serve as a judge for the U.S. District Court for the Southern District of New York. Presidents traditionally follow the guidance of senators from the state where there’s a vacancy for judicial nominations.

But informed sources told the Washington Blade that the White House rejected Alter’s nomination because of remarks he reportedly made regarding a case challenging inclusion of the phrase “under God” in the Pledge of Allegiance. In addition, the White House reportedly objected to remarks that Alter made suggesting that merchants not wish shoppers “Merry Christmas” during the holidays.

In a 2005 article published by Cybercast News Service, Alter is quoted as saying that a general holiday greeting is more appropriate and inclusive for retailers as opposed to saying “Merry Christmas.”

“It seems both from a business … and a community perspective, that if merchandisers were going to do that … they would try to wish those in the community who may not share in celebrating Christmas a happy holiday as well,” Alter is quoted as saying.

“Our diversity has made us great and will continue to make us great and ['Merry Christmas'] undermines both the holiday spirit as well as the message I think Americans should be sending to each other,” Alter reportedly continued.

The 2005 quotes were apparently reprinted in a 2008 CNS article that is stored in the archives on the organization’s website.

Additionally, in a 2004 article published in The New Republic, Alter is quoted as saying the U.S. Supreme Court case Elk Grove United School District v. Newdow “was a good case at the wrong time.” The case challenged use of the “under God” phrase in the Pledge of Allegiance in public schools.

The article reported Alter was “relieved” the Supreme Court decision “left open a window for future challenges.” The Anti-Defamation League had filed a friend-of-the-court brief in support of the Newdow case.

“When the right case does come along,” Alter reportedly said, “We’re there.”

Alter was previously an assistant U.S. attorney for the Southern District of New York and specialized in First Amendment and terrorism issues. He also served as national director of the civil rights division of the Anti-Defamation League, an organization that works to fight anti-Semitism.

The comments he reportedly made came in his capacity as an official with the Anti-Defamation League. The White House decision to reject Alter disappointed his supporters, who rallied around him and urged Schumer to advance his nomination anyway.

Schumer announced his recommended nomination of Alter during a Human Rights Campaign dinner in New York City and emphasized that his selection would make him the first openly gay male judge on the federal bench.

In a February statement, Schumer said he recommended Alter because he’s “a brilliant attorney who possesses the knowledge, balanced views and temperament required of a federal judge.”

“His outstanding leadership skills, his commitment to justice, and his extensive experience make him an exceptional choice for a position on the federal bench,” Schumer said. “I’m proud to nominate Daniel Alter. Period. But I am equally proud to nominate him because he is a history-maker who will be the first openly gay male judge in American history.”

But based on those reported statements, the White House and Schumer determined that Alter wouldn’t be able to reach the 60-vote threshold needed in the Senate to overcome a filibuster of his nomination. It’s unclear when the decision to reject Alter was made.

Schumer’s office didn’t respond to multiple requests for comment. A White House spokesperson declined to comment. Alter also declined to comment for this story.

Deborah Lauter, director of civil rights for the Anti-Defamation League, said the apparent decision to reject Alter’s nomination based on reported comments he made on behalf of the organization is “just plain unfair and unjust.”

“Any statements he made in the course of his job with ADL were just that — he was representing the views of our organization,” she said. “It’s dismaying if in fact that led to the derailing of his nomination.”

Lauter said Alter doesn’t recall speaking to The New Republic for the 2004 article and that Alter was misquoted in the 2005 CNS article.

“It was an inaccurate report and ADL should have insisted the record be corrected at the time,” Lauter said.

Lauter clarified that the Anti-Defamation League has never objected to retailers wishing customers “Merry Christmas.”

“But the bottom line is even if he made the comment, which he didn’t, it shouldn’t have disqualified him from service as a judge,” she said.

The decision to refuse the Alter nomination likely came sometime before July, when his supporters urged Schumer to go to bat for his recommended nominee.

In a letter dated July 2, 2010, a group of 66 attorneys who worked with Alter at the U.S. Attorney’s Office for the Southern District of New York wrote that the designation of Alter to the federal bench is “a nomination worth fighting for.”

“We urge you to take all possible steps to ensure that Mr. Alter is nominated to the federal bench and promptly considered by the Senate Judiciary Committee,” the letter states.

Among those who signed the letter is James Comey, who served as deputy attorney general during the Republican administration of former President George W. Bush.

The attorneys wrote that Alter’s “nomination to the federal bench is in jeopardy” because of “demonstrably false statements” that reporters made while he was working for the Anti-Defamation League. The missive doesn’t detail why the statements Alter reportedly made to media outlets are “demonstrably false.”

“While we will let others set forth the factual reasons why these allegations are baseless, we write to state emphatically that the sentiments falsely ascribed to Mr. Alter are inconsistent with everything that we know about him,” the letter states. “Mr. Alter has dedicated his life to tolerance, public service, moderation, and fidelity to law. He is unfailingly kind, respectful, and open-minded. In both deed and character, Mr. Alter is the antithesis of the views that have been misattributed to him.”

The signers state that they “cannot imagine a more highly qualified nominee” and that the loss of Alter to the federal judiciary based on “false allegations” would be significant.

“By temperament, he is well-suited to the bench, possessing every quality one seeks in a judge: respect for all views, dedication to the public, tireless pursuit of the best legal argument, and a determination to reach decisions that will command the respect of all parties,” the letter states.

Lauter said the Anti-Defamation League sent its own letter to Schumer in July urging the senator to push for Alter’s nomination, but she declined to make the letter public.

“It was a private letter to the senator just clarifying the record and expressing support — enthusiastically and without reservation — for Danny Alter’s nomination,” she said.

Also lamenting the derailment of Alter’s nomination is Richard Socarides, a gay New York attorney who served as an adviser to President Clinton.

Socarides told the Blade the White House’s rejection of Alter’s nomination was evidence of a broken system.

“I don’t know Daniel Alter personally,” Socarides said. “I’m told he is highly qualified. We need more people like him in the federal judiciary. I don’t know why his nomination got derailed, but certainly a system in which someone like Alter can’t get confirmed is badly broken.”

HRC heralded Schumer’s announcement of his recommended nomination of Alter in February, but the organization is mum on his rejection.

At the time of the announcement, Joe Solmonese, HRC’s president, said in a statement that Alter “is eminently qualified for a position on the federal bench.”

“America is taking a step forward toward equality by evaluating an individual based on his accomplishments and without regard to his sexual orientation,” Solmonese said. “We commend Senator Schumer for his historic recommendation, and look forward to the President’s nomination.”

Fred Sainz, HRC’s vice president of communications, this week declined to comment on the White House rejection of Alter.

Schumer has since recommended the nomination of another openly gay man, J. Paul Oetken, to become a district judge for the U.S. District Court for the Southern District of New York.

The New York senator made the announcement in a Sept. 23 statement that said Oetken has “the right combination of skills, experience and dedication to [be] an excellent judge on the court.”

Oetken served as an attorney in private practice and was an associate counsel for former President Bill Clinton, according to the Schumer statement.

Sen. Chuck Schumer (D-N.Y.) is recommending to President Obama that he nominate for the first time ever an openly gay male to serve on the federal bench, according to the senator’s office.

The senator has designated Daniel Alter to serve as judge for the U.S. District Court for the Southern District of New York. His appointment is subject to Senate confirmation.

For judicial nominations, presidents traditionally abide by the recommendations made by the senior senator from the state where there’s a vacancy, which in the case of New York is Schumer.

In a statement, Schumer said he recommended Alter because he’s “a brilliant attorney who possesses the knowledge, balanced views and temperament required of a federal judge.”

“His outstanding leadership skills, his commitment to justice, and his extensive experience make him an exceptional choice for a position on the federal bench,” Schumer said. “I’m proud to nominate Daniel Alter. Period. But I am equally proud to nominate him because he is a history-maker who will be the first openly gay male judge in American history.”

A graduate of Columbia College and Yale Law School, Alter clerked for several judges on the U.S. Court of Appeals for the Second Circuit.

For six years, Alter was an assistant U.S. attorney for the Southern District of New York, where he specialized in first amendment matters and became an expert on terrorism issues. He worked on al Qaeda cases and was on the prosecution team for the trials for the African embassy bombings of 1998.

Alter has also been an advocate for civil rights. As national director of the civil rights division of the Anti-Defamation League, Alter handled work on hate crimes both within the United States and abroad.

Schumer called Alter “a lawyer whose views have been tempered by a broad range of experiences” and “a candidate who would enhance the diversity of the federal bench.”

“I have often said that I strive to appoint those with three qualities: excellence, moderation and diversity, and Mr. Alter fits that prescription to a ‘T,’” Schumer said.

Denis Dison, spokesperson for the Gay & Lesbian Victory Fund, praised Schumer for recommending Alter to serve on the federal court.

“We’re entering an era where qualified people are no longer excluded from leadership positions because of their sexual orientation or gender identity,” Dison said. ”Senator Schumer deserves applause for nominating Daniel Alter for a seat on the federal bench.”

Seats on the U.S. District Court for the Southern District of New York have often been a springboard for judges to move onto higher positions. Before she was confirmed last year to serve on the U.S. Supreme Court, Associate Justice Sonia Sotomayor held a federal judgship in the Southern District from 1992 to 1998.

While Alter would be the first openly gay male to serve on the federal bench, he wouldn’t be the first openly LGBT person. In 1994, President Clinton nominated Deborah Batts, an out lesbian, to serve as federal judge for the U.S. District Court of the Southern District of New York, where she currently sits.

The San Francisco Chronicle reported this week that Judge Vaughn Walker of the U.S. District Court for Northern District of California is gay, although Walker wouldn’t comment on the allegations. Walker is presiding over Perry v. Schwarzenegger, a federal case that will determine the constitutionality of the ban on same-sex marriage in California.