commentary
Election results help same-sex marriage and ‘DADT’ debate
Published Thursday, 15-Jun-2006 in issue 964
BEYOND THE BRIEFS
by Robert DeKoven
Last week’s elections results were historic for local GLBT candidates and our community.
For the first time in the history of San Diego County, an openly gay man, David Rubin, was elected to a countywide post, a judgeship. Another openly gay male, Superior Court Judge Theodore Weathers, was also elected to another term as a judge. Because he faced no opposition, his name did not appear on the ballot.
The first openly lesbian candidate for a countywide office was Bonnie Dumanis, when she ran for a judgeship and won.
Bonnie was re-elected as district attorney in last week’s election. She had no opposition. She’s on so many lists for higher office that one can’t keep track. If Condi Rice is the Republican choice for prez, could Bonnie be the next attorney general? No wonder the governor wants her with him everywhere.
Some feel Rubin’s victory over former D.A. Paul Pfingst was an upset, given Pfingst’s strong name recognition. But Rubin had solid endorsements from police groups and judges. And, of course, he had the endorsement of the Gay & Lesbian Times and the San Diego Union-Tribune.
Now that we have such a presence in the judiciary, there is a strange irony to all this. Judges Weathers and Rubin have both been in committed relationships with men for well over 10 years. Judge Weathers and his partner have a daughter. District Attorney Bonnie Dumanis also has a committed partner.
On June 6, the voters in the fairly conservative county of San Diego elected these folks to enforce our laws. Meanwhile, in Washington, D.C., the U.S. Senate voted (but not by the two-thirds needed for approval) to amend the Constitution so that same sex couples can never really marry in any state.
It’s a little strange that the judges who must treat all “equally” under the law cannot marry their partners. In short, they must deny themselves the equal protection of the law. More importantly, they cannot bestow upon their children and grandchildren the same rights and benefits children born in wedlock have.
So, as I have predicted here, the California Supreme Court will rule within this year or the next that the California Constitution prevents the state from denying same-sex couples the right to marry.
Regardless of all the legal arguments, there is a simple reality. There are so many openly gay and lesbian lawyers and judges that one’s sexual orientation is really a non-issue. It wasn’t even raised in this election in the media.
The other major victory last Tuesday was John Rinaldi’s win in the Democratic primary for the congressional seat now held by Republican Duncan Hunter.
Rinaldi is a decorated war hero and a minister. He’s also gay. When he entered the race, he wasn’t considered a real factor even in the Democratic primary. But he put together a solid campaign team and he worked the district.
Rinaldi’s campaign reminds me of an upstart politician I met over 20 years ago. He was a relatively young man who decided to take on a local Democratic stalwart, then- Congressmember Lionel Van Deerlin. (Van writes a column for the U-T). Van had been in Congress well over 20 years. The Democrats didn’t just run Congress, they ruled it.
Van was chair of the powerful House Committee on Communications. He championed deregulation of the telephone industry. Had it not been for Van, we’d still be using push-button phones and paying a fortune for long-distance phone service. But there was a spike in phone rates while new competitors got into the business.
The upstart politician took advantage of voter angst with phone rates and managed to blame Van. He scored a huge upset win over Van
The politician’s name is Duncan Hunter.
That’s one reason why Rinaldi’s candidacy should draw national media coverage. He’s the underdog in a safe Republican district.
Regardless of the outcome of the November election, Rinaldi’s very presence in the race is extraordinary, particularly because he’s running in areas long thought not to be warm to Democrats, let alone gay folks.
Just like state Senator Christine Kehoe, Councilmember Toni Atkins, District Attorney Dumanis, and Judges Weathers and Rubin, John Rinaldi serves as a role model to youth and is another example of some of the extraordinary people in our community.
Robert DeKoven is a professor at California Western School of Law.
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