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About Just out. (Portland, OR) 1983-2013 | View Entire Issue (March 21, 2003)
_ _ _ _ _ _ _ _ march 21.2003 * i m a a t i 19 uuïiiïiviM inew s .S. Sen. Gordon Sm ith’s top can didate for a federal judge position played a key role in a major court decision restricting gay rights. At issue is Mike Mosman’s involvement in Bowers vs. Hardwick, a 1986 case that denied the right to privacy for gay men and leshiaas and that upheld state sodomy laws. Smith, R-Ore., recommended the U.S. attorney to replace U.S. District Judge Robert E. Jones, who took senior status in 2001. At the time of the Bowers decision, Mosman was a clerk for U.S. Supreme Court Justice Lewis Powell. Mosman wrote two influential memos to Powell stating his belief that the U.S. Constitu- tion offered no privacy rights for homosexuals. Powell proved to be the swing vote in this decision, which he later publicly renounced as his biggest regret as a justice. Biographers and historians have written extensively about Mos man s key role in this decision. Roey Thorpe, Basic Rights Oregon execu tive director, sent a letter to Smith outlining her group’s position: “1 am concerned about Mr. Mosman’s interpretation of the law and how his views might affect his legal decisions if he were to be appointed to a federal judgeship. Given your own support for the Employment Non discrimination A ct and other pro-gay civil rights legislation, 1 do not understand your rec ommendation of Mr. Mosman.” Mosman is said to be Smith’s top pick for the position; also in the running are federal magistrate judge Dennis Hubei and Portland lawyer Tom Tongue. The Bush administration is reviewing the candidates, who then must receive Senate confir mation. This is the second go-round for Smith, whose first pick, former state Rep. Ray Baum, R-La Grande, was rejected by the White House. M ixed M essages Gordon Smith taps questionable judge, protects queer Senate employees by Jim R adosta The issues raised in Bowers vs. Hardwick are particularly timely. The Supreme Court has agreed to hear oral arguments this month on Lawrence vs. Texas, a case that expressly seeks to overturn the decision made in Bowers. Sodomy laws are widely used to justify dis crimination against gay men and lesbians in everyday life. They’re invoked in denying employment, in refusing custody or visitation for parents and even in intimidating people out of exercising their First Amendment rights. “Understanding and acceptance of gay and lesbian people have increased dramati cally since the time o f Bowers vs. Hardwick,” Thorpe said. “It would he a huge step back ward to knowingly appoint a federal judge who would actively seek legal justification for discrimination. T h e fact of the matter is, if Mosman had not been Justice Powell’s clerk in 1986, our nation might have rid itself of sodomy laws all those years ago.” Although Sm ith opposes sodomy laws, spokesman Chris Matthews said he could not comment on the Mosman matter at this time. “Until and if he’s the nominee, 1 don’t think anybody’s gonna be really responding to this.” M eanwhile, Smith made a push for equality by introducing a resolution to prohibit employ ment discrimination in the U.S. Senate based on sexual orientation. Chamber rules currently pro- Vo you U .S. Sen. Gordon Smith has taken one small step forward and one giant leap back hibit bias based on race, color, religion, sex, national origin, age or state of physical handicap. “I believe that it is time for us to add sexual orientation to that list,” Smith said. “As a co sponsor of the Employment Nondiscrimination Act, 1 have stood behind the principle that employment discrimination against any person is hurtful to society as a whole, and if I am going to hold the private sector accountable for its actions, I should certainly promote the same principles here in the U.S. Senate.” Smith said the Senate is lagging behind the rest of the federal government in prohibiting workplace discrimination based on sexual orienta tion. Since 1996, 13 Cabinet-level agencies and the White House have had anti-discrimination policies, and in 1998, President Bill Clinton issued an executive order prohibiting sexual orientation discrimination in the federal executive branch, including civilians in the military. “That executive order now covers 2 million federal employees, but people who work in the U.S. Senate do not enjoy those same protections,” Smith said. Although 65 senators have adopted non discrimination policies that include sexual orien tation within their own offices, the resolution would protect all Senate employees. “Many of my colleagues already have written policies indicat ing that sexual orientation is not a factor in their employment decisions, and it is past time that we make this nondiscrimination policy a part of the Standing Rules of the Senate,” Smith said. If the resolution is adopted, the U.S. Senate will join the federal government, 23 state gov ernments and 262 local jurisdictions that have approved similar measures. In a competitive job market where public service must compete with the private sector for job talent, the resolution will help the Senate keep pace with 308 of the Fortune 500 companies that have implemented similar nondiscrimination policies. JH —1 SAc PISTILS NURSERY Custom Designer JKds a n d "Photography 6y ControCfactor Studios ( 503 ) 251-8844 Serving the Portland Metro area fo r all your Escrow and Title needs • Residential • Commercial •1031 Tax Deferred Exchanges • Reverse Exchanges • Business Opportunities Tom W ood Branch Manager Escrow Officer Put my experience to work for you! P acific N o rth w est T itle o l O r e g o n , In c. 503 - 350-5099 fx: 503.226.7399 When an ordinary Realtor simply won’t do... 3144 SE Belmont Portland, OR 97214 office: 503-238-7617
