Richmond Circuit Court appoints openly gay judge
By Laura Vozzella, Updated: Thursday, June 14, 11:49 AM
RICHMOND — Circuit Court judges have appointed an openly gay prosecutor to the bench just a month after the General Assembly rejected his nomination.
Tracy Thorne-Begland’s appointment to the city District Court judgeship is temporary, lasting only until the next General Assembly session.
The move by the Circuit Court is likely to revive the emotional debate over gay judges that consumed the legislature on the last day of session. It infuriated Del. Robert G. Marshall (R-Prince William), who along with the Family Foundation of Virginia helped convince the General Assembly that Thorne-Begland was unfit for the bench.
“I think it’s highly imprudent and arrogant on their part,” said Marshall. “I hope Virginia understands what’s going on here: They’re contesting the authority of the General Assembly here. . . . This is an act of defiance on their part. When appointed officials get in fights with elected officials, they invariably lose.”
The court did not immediately return a call seeking comment.
But in a statement Thursday Sen. A. Donald McEachin (D-Henrico) supported the decision.
“I applaud the circuit court judges for recognizing Mr. Thorne-Begland’s skill, qualifications and competency and putting aside bigotry, prejudice and false excuses,” McEachin said. “I have always had and continue to have the utmost confidence in Mr. Thorne-Begland’s ability to serve our community and I am gratified to see that the circuit court judges share my confidence.”
On Thursday, one of several military veterans in Virginia’s House of Delegates dropped his opposition to the appointment of a gay man as a judge, saying that he no longer believes Tracy Thorne-Begland violated Navy regulations when he came out on national television 20 years ago.
In a letter sent to the Republican caucus late last month, Del. Richard Morris (R-Isle of Wight) said he had researched the matter after voting against Thorne-Begland’s appointment in May and concluded that no violation had occurred because the Navy pilot was not in uniform when he challenged the military’s now-defunct “don’t ask, don’t tell” policy on ABC’s “Nightline.”
“My initial opposition to Mr. Thorne-Begland had nothing to do with his sexual orientation but was based on the belief that Mr. Thorne-Begland went on national television in his Navy uniform and spoke against standing Navy policy which would be a violation of Navy regulations and a violation of the Uniform Code of Military Justice (UCMJ) because of the prohibition of being in uniform,” Morris wrote in the letter.
Earlier this week, leaders of Richmond’s five largest law firms urged the city’s Circuit Court judges to appoint him to the bench. But that would be an interim appointment, lasting only until the General Assembly reconvenes.
The House blocked Thorne-Begland’s appointment in May by a wide margin. He needed 51 votes in the 100-member House to win appointment and received 33. The Senate never voted on the matter.
