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Did Pioneering Pro-Homosexual Judge Have a Conflict of Interest?

by Peter Sprigg
July 9, 2010

Hawaii Governor Linda Lingle has vetoed the bill to create “civil unions” that the legislature passed in a last-minute legislative maneuver in April. It was refreshing to see Gov. Lingle declare straightforwardly, “I have been open and consistent in my opposition to same gender marriage and find that HB 444 is essentially marriage by another name.” It’s refreshing mostly because last year, two other governors—New Hampshire’s John Lynch and Maine’s John E. Baldacci—caved to homosexual activists under similar circumstances, and signed bills to legalize same-sex “marriage.”

However, in reading a news report about the veto, something else caught my eye. Here’s what the Honolulu Star-Advertiser said about one of the critics of the veto:

“It’s beyond problematic,” said Steven Levinson, a retired associate justice of the state Supreme Court, whose daughter is a lesbian. . . . Levinson authored the landmark 1993 ruling that held that it was discriminatory for the state not to issue marriage licenses to same-sex couples.

Now wait a second. The author of the very first court decision in American history that was supportive of same-sex “marriage”—has a lesbian daughter? Doesn’t that suggest a little problem of judicial ethics known as a “conflict of interest?”

Of course, Levinson’s “landmark” ruling was 17 years ago. His “lesbian daughter” might not have been “out of the closet” in 1993 (or might not have been born, for that matter). But it raises an interesting question, which is—why am I the only person asking if this is a conflict of interest? If judges are going to rule on issues involving the supposed “civil rights” of homosexuals, don’t they have a conflict if a close family member—or even they themselves—are homosexual? Shouldn’t they be required to recuse themselves—or at least disclose the potential conflict?

Of course, it’s logically quite possible that a judge could rule objectively on the issue of same-sex “marriage” even while having a family member who self-identifies as “gay.” It is liberals—not conservatives—who assume that there is a contradiction in loving a homosexual person while opposing same-sex “marriage.” But the way that Levinson spoke out publicly this week suggests that for him, liberal emotionalism trumps conservative logic. So it’s reasonable to ask whether it might also have trumped judicial restraint back in 1993.

You can only imagine the complaints of “bias” from liberals if the judge ruling on a case that arose from the Gulf oil spill were found to own stock in BP—or even if his daughter did. Given their hostility to religion, the reaction might be even worse if a judge ruling on an issue involving a local church—say, one of the Episcopal churches whose ownership is disputed by its conservative congregation and liberal diocese—were found to be a member of that same church (or even if his daughter was).

Why are there not similar howls when a judge who has a “gay” child—or is “gay” herself—rules on issues involving homosexuality?

I guess liberal political correctness includes a lot of double standards.


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Comments

By: MIke Tidmus | July 9, 2010 at 10:20 am

So, by Sprigg’s logic, all Christian judges should recuse themselves from any and all church-state cases henceforth. Excellent idea.

By: Troy A | July 9, 2010 at 12:12 pm

And this woman got to have two marriages. VERY Biblical.

By: kris | July 9, 2010 at 12:12 pm

the BP shareholder analogy doesn’t quite work. The issue is whether LGBT people are entitled to the same God given rights of freedom, liberty and privacy as the next guy. Hopefully, even a Black, Gay, Hispanic or Japanese judge would be able to work that one out.

A judge BP shareholder ruling on a case involving whether or not BP takes a financial hit would obviously have a conflict, as s/he would personally benefit – or at the very be seen to be benefiting.

In your world, no judge would be able to make a due process finding of constitutional compliance – because they might know or be related to a gay, black, female etc person. Which part of “all men are created equal” don’t you understand?

By: Scott | July 9, 2010 at 12:31 pm

I suppose any judge who is straight should recuse themselves as well. Lest they be biased against same sex marriage.

So who’s left?

By: Nico | July 9, 2010 at 1:05 pm

How is supporting equal rights liberal? It’s not “pro-homosexual” either, it’s just not anti-homosexual. It’s equal.

By: Andrew Wadlen | July 12, 2010 at 12:05 pm

There is a lot more here:

Levinson resigned from the Supreme Court just before gov Ben Cayetano’s book “Ben” (pp437, 441-442) came out with FURTHER revelations of Levinson’s involvement in the $9B Broken Trust scandal. Levinson had already been nailed in the book “Broken Trust” (See index pg 316)

He says the State constitutional amendment allowing the Legislature to define marriage was “like I’d been mugged.”

Levinson marched in this year’s Waikiki gay pride parade.

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