Some will remember the debacle from last year when Tracy Thorne-Begland, a completely qualified candidate for a judgeship in Richmond had his approval for the position torpedoed by anti-gay Republican members of the Virginia General Assembly. The attacks against Thorne-Begland had been orchestrated by The Family Foundation, a Chtistofascist organization based in Richmond that truly deserves a hate group designation by the Southern Poverty Law Center. Subsequently, the Richmond Circuit Court judges appointed Thorne-Begland on an interim basis to the open General District Court seat at the unanimous urging of the five largest, most powerful law firms in Virginia. Needless to say, the hate merchants at The Family Foundation went ballistic. Today, Thorne-Begland returns to the General Assembly to secure a permanent appointment. Some in the Virginia GOP seem to be having a change of heart - perhaps realizing that Virginia doesn't need more worldwide negative publicity. Others like Del. Bob Marshall who has previously stated that he wants to drive all gays from Virginia are keeping up the attacks on Thorne-Begland. The Virginian Pilot looks at the potential lynching that awaits Thorne-Begland. Here are highlights:
A gay judicial candidate who last year was rejected by the legislature for a Richmond General District Court seat, then appointed to the bench by Circuit Court judges, now faces a confirmation trial to remain in that post.
That formal process begins today when Judge Tracy Thorne-Begland is one of the appointees scheduled for interviews before a panel of legislators evaluating their job performance.
But he is unique among that number because of the controversy his nomination generated. Thorne-Begland's candidacy was derailed in the early morning hours of May 15 when some Republicans in the House of Delegates protested before a vote on his fate.
Thorne-Begland needs the legislature's consent to remain a judge. Reached Friday, he declined to comment other than to say it would be inappropriate for him to "weigh into these matters."
Now that he's been on the job six months, some legislators who initially voted against him say they've had a change of heart. Among them: Virginia Beach Republican Dels. Sal Iaquinto and Ron Villanueva. Both said their initial opposition was based on a belief that Thorne-Begland violated the Uniform Code of Military Justice by speaking out against the ban on gays openly serving in the military. Repeal of the "don't ask, don't tell" policy took effect in 2011.
And they now believe no violation occurred. Villanueva changed his mind after meeting with Thorne-Begland, hearing positive reviews of his work as a judge, and reconsidering his position. "In retrospect, he was just working through the system, and trying to right a wrong," said Villanueva, noting that ethnic minorities including Filipinos, like his father, also experienced discrimination in the military.
Iaquinto said his opinion changed after Isle of Wight County Del. Rick Morris, a Navy veteran and attorney who practices military law, last June told Republican colleagues he doesn't think Thorne-Begland violated military policy by speaking out. Morris was among the delegates who didn't vote when Thorne-Begland's candidacy came up last May.
Not everyone has softened on Thorne-Begland. Del. Bob Marshall, a vocal critic of homosexuality, stood against him then and Friday said "nothing has changed to make me reverse my vote."
A spokesman for Gov. Bob McDonnell said the governor supports Thorne-Begland. "The election of judges is the job of the legislature, not the executive branch," Tucker Martin said. "The governor believes Mr. Thorne-Begland has apparently done a good job on the bench and is well-qualified to continue to serve. He believes strongly that judges, and candidates for the bench, should only be considered based on their aptitude, skill and merit."
Meanwhile, a bill offered this year that would prevent Circuit Court judges from appointing to the bench an interim judge previously blocked by the legislature - as Thorne-Begland was - was tabled Friday. That measure, HB1338 from Republican Del. Mark Cole of Spotsylvania County, was spiked without objection from its sponsor after legislators noted that it could have unintended consequences. While Cole didn't protest that, he's unconvinced legislators should return Thorne-Begland, "someone I think would be an activist judge," to the bench.
It is noteworthy that those who oppose Thorne-Begland also want to increase hurdles that will make it more difficult for minorities to vote and also seek to imposes as many restrictions as possible on women's ability to use contraception or have abortions even in cases of rape or incest. These Neanderthals truly need to be voted out of office in November.
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