The media frenzy surrounding the nomination of Judge Sonia Sotomayor to the U.S. Supreme Court is now in full swing. A great deal has been rightfully penned about the historic significance of the first Latina nominee. For their part, political pundits are busy speculating on the electoral consequences of right-wing opposition to a Hispanic nominee. Legions of bloggers are dissecting Sotomayor’s previous speeches in hopes of illuminating the mind of the next Supreme Court Justice.
Lost in this tumultuous affair is a careful examination of what really matters: Sotomayor’s judicial record and philosophy. In succeeding ‘Equality in the Courts’ posts, HRC attorneys will begin to discuss Sotomayor’s judicial record on constitutional issues of concern to the LGBT community. This discussion will examine Sotomayor’s record on issues such as employment discrimination, the separation of church and state and the constitutional right to privacy.
Ultimately, the analysis will demonstrate that although Sotomayor has not ruled on many cases directly impacting the LGBT community, there is much to be hopeful about from her record. Sotomayor has a solid record of protecting individuals from employment discrimination, which is crucial for our community. Sotomayor has a mixed record of enforcing the doctrinal separation between church and state. And perhaps the most important and explosive constitutional question – the right to privacy – has rarely come before her. Over the next several weeks we will continue to post further legal analysis of Sotomayor’s judicial record. Please check back periodically.
Written by Senior Counsel Cristina Finch with contributions by Matthew Stiff, McCleary Law Fellow
The Human Rights Campaign's perspective on the news, issues and events affecting the every day lives of lesbian, gay, bisexual and transgender people across the country.
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