_ _ _ _ _ _ _ _
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