LGBT Underrepresented on the Bench

July 08, 2010

Gays and lesbians are under-represented on the bench, according to a study by judicial experts.

Hostility and the isolated nature of the work were cited as key reasons deterring gays and lesbians from aspiring to the bench, according to the LGBT lawyers' network Interlaw.

"The judiciary and sexuality are uneasy bedfellows," said Les Moran, professor at Birkbeck, University of London, and one of those behind the study. "It is a myth that sexuality has nothing to do with the judiciary … The deafening silence on the importance of sexual diversity in the judiciary is an institutional culture that has to stop."

"Sexual orientation has been singled out as different from other strands of diversity and as 'not relevant' to the judicial institution," adds Moran. "This leads to an official 'don't count it' approach."

"We have no idea how many gay and lesbian judges there actually are," said Daniel Winterfeldt, founder of Interlaw. "We only know of a handful around five at the most, and some of those only by hearsay. It's clearly a mark on the profession that so few gay and lesbian judges feel able to be visible."

Until 1991, only married men were appointed to the bench in an effort to weed out gay judges.

"Only 20 years ago it was policy only to appoint married people to the bench in order to avoid a ‘homosexual controversy’ in the judiciary.
 

"The chilling effect of this exclusion is likely to have shaped the careers and career expectations of the most senior legal professionals who have the skills and characteristics that would otherwise make them suitable candidates."

Image source: Maverick2003