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Report for January
3, 2003
LAMBDA LEGAL NEWS RELEASE, Dec. 20, 2002
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State Commission Recommends Penalty for Mississippi
Judge's Extreme Anti-Gay Bias
Recommendation is one of the first of its kind in
the Southern U.S.
(Atlanta, Friday, December 20, 2002) - A state commission on judicial
conduct today recommended that the Mississippi Supreme Court penalize a
local judge who publicly advocated that gays and lesbians should be
institutionalized. The recommendation is in response to an ethics
complaint Lambda Legal filed with the commission earlier this year, saying
that the judge's comments clearly violated the state's Code of Judicial
Conduct and indicated that he would not decide cases involving gays and
lesbians fairly and impartially.
Today's recommendation marks only the second time that a judicial
commission in the South has recommended penalizing a judge for anti-gay
bias and is the first such recommendation in Mississippi. Mississippi and
a growing number of states explicitly include sexual orientation in their
codes of conduct that prohibit judges from demeaning people based on
gender, race, religion and other factors.
"This is a significant step forward for Mississippi and for the
South," said Greg Nevins, the staff attorney in Lambda Legal's
Southern Regional Office handling the ethics complaint on behalf of
Equality Mississippi, a statewide gay civil rights group. "Judges are
duty-bound to give a fair hearing to everyone, and these kinds of
extremely homophobic statements make gays and lesbians, who often face an
uphill battle for equality, feel that the justice system is closed off to
them."
In March, Mississippi Justice Court Judge Connie Wilkerson wrote a letter
to the editor published in the George County Times, saying: "In my
opinion, gays and lesbians should be put in some type of mental institute
instead of having a [domestic partnership] law like this passed for
them." Judge Wilkerson was referring to an Associated Press article
about the ability of gay and lesbian survivors to sue for the wrongful
death of their partners. "I got sick on my stomach as I read the news
story.," he wrote. The judge invoked the Bible and Romans 1:32, which
suggests that those who break God's law "are worthy of death." A
right-wing Christian organization, American Family Association's Center
for Law and Policy, is defending Judge Wilkerson in the proceedings around
the ethics complaint.
Today's recommendation from the Mississippi Commission on Judicial
Performance asks the state Supreme Court to publicly reprimand Judge
Wilkerson and fine him $150 for violating the Code of Judicial Conduct. In
early 2002, the Mississippi Supreme Court formally amended the state's
Code of Judicial Conduct to specifically call on judges to avoid
"expressions of bias or prejudice," including demeaning remarks
based on "sexual
orientation."
"We are thrilled that the Commission on Judicial performance is
making a public statement that the state will not stand for officials
expressing bias or prejudice against any group of people," said Jody
Renaldo, executive Director of Equality Mississippi. "This is a very
important step for the civil rights of gays and lesbians in
Mississippi."
In recent years, a handful of states have reprimanded judges for anti-gay
bias. The only other reprimand of a Southern judge for anti-gay bias was
in Texas, where a judge was censured several years ago. Judges in Alabama,
Illinois, Michigan and Delaware have also faced complaints of anti-gay
bias in recent years.
Below is the full text of Judge Wilkerson's letter in the George County
Times:
Dear Editor:
I got sick on my stomach today as I read the (AP) news story on the Dog
attack on the front page of THE MISSISSIPPI PRESS and had to respond!
AMERICA IS IN TROUBLE!
I never thought that we would see the day when such would be here in
AMERICA.
The last verse of chapter one of the book of Romans in our HOLY BIBLE is
my reason for responding and sounding the alarm to this. You need to know
as I know that God in Heaven is not pleased with this, and I am sounding
the alarm that I, for one, am against it and want our LORD to see and hear
me say I am against it.
I am sorry that the California Legislature enacted a law granting gay
partners the same right to sue as spouses or family members. Also, that
Hawaii and Vermont have enacted such a law, too. In my opinion, gays and
lesbians should be put in some type of a mental institute instead of
having a law like this passed for them.
I don't know, but I believe if we vote for folks that are for this we have
to stand in the judgment of GOD the same as them. I am thankful for our
Legislators and pray for wisdom for them, on such unbelievable legislation
as this. May GOD bless each one of them in JESUS CHRIST's name I pray!
Thank you for printing this.
Connie Glenn Wilkerson
Homo-Fascism
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