Gov. Patrick nominates 1st openly gay judge to Mass. high court

Barbara Lenk's nomination draws conservative criticism.

Barbara A. Lenk, an associate justice of the state Appeals Court, was nominated by the governor to a seat on the Supreme Judicial Court.

If her nomination is confirmed by the Governor's Council, Lenk will be the first openly LGBT person on the SJC.

"I love the idea of firsts as you know and I'm proud of this one," Patrick told the Boston Globe, "but first and foremost, [Lenk] is very well-prepared and highly qualified candidate."

District 1 Councilor Charles Cipollini on Tuesday, April 5, however, voiced concerns that Lenk would not be able to maintain neutrality on the bench, presumably because she is a lesbian.

"Gov. Patrick never ceases to amaze me with his choices," Cipollini told the Herald News. "I was beginning to think that after his reelection it would be apropos for him to nominate an illegal. He seems to using a quota system."

Cipollini went on to say, "There are so many open cases for consideration before the court, and they have leanings that are not in line with traditional family values. ...She's not going to be neutral, let's face it."

MassEquality executive director Kara Suffredini fired back the day after Cipollini's criticisms, saying, "All judges are people, and they all have a background that they bring to their service on the bench. Having admitted that he has not even reviewed Judge Barbara Lenk's record, Cipollini's suggestion that Gov. Deval Patrick's nominees -- the first African-American Chief Justice, the first Asian-American Associate Justice, and the first open lesbian -- are unable to be impartial and lack 'family values' merely because of who they are is nonsensical and deeply offensive. By Councilor Cipollini's logic, female judges should not rule on sex discrimination cases and African-American judges should not rule on race discrimination cases. This is absurd. The irony, of course, is that not a single openly gay judge participated in the 2003 SJC ruling granting marriage equality to same-sex couples."

"The only impartiality in question here is that of Councilor Cipollini," Suffredini said. "Gov. Patrick's nominees to the SJC appropriately have reflected the Commonwealth that Court serves, and Cipollini is out of step with our Commonwealth's principles valuing families, fair play, and hard work."

Local LGBT advocacy organizations praised the Lenk's nomination.

"Judge Lenk's appointment would shatter the glass ceiling in Massachusetts around the appointment of openly LGBT attorneys to the state's highest court. The bench should reflect the community that it serves. It's undeniable that the existence of openly LGBT attorneys and judges influences debate on the legal issues that impact our lives," Suffredini said earlier in the week. "Judge Lenk embodies the highest ethics, integrity, qualifications, and experience required of a Supreme Judicial Court justice. She is a well-respected member of the bar and we look forward to her receiving the support of the Governor's Council."

"Justice Lenk's nomination to the Massachusetts Supreme Judicial Court is historic, and we applaud Governor Patrick for his continued commitment to creating a bench that truly reflects the diverse communities of this state, including the LGBT community," Gay & Lesbian Advocates & Defenders (GLAD) acting executive director Gary Buseck said April 4. "Justice Lenk's confirmation to the SJC would mark a tremendous milestone for the LGBT community in Massachusetts. But it should not overshadow the fact that she is eminently qualified to serve on our state's highest court. Justice Lenk is a well-respected, meticulous, and thoughtful judge who has heart. She understands firsthand how meaningful a decision of our highest court can be in the lives of our citizens. We are confident that Justice Lenk's nomination will soon be approved by the Governor's Council."

Arline Isaacson of the Massachusetts Gay & Lesbian Political Caucus (MGLPC) spoke about the significance of having an openly gay person potentially serve on the Supreme Judicial Court. "In Massachusetts, we've been blessed to have on the SJC several justices who believe deeply in equality for the LGBT community," she said. "But that has not always been the case. Having an out lesbian on the SJC will serve the same important purpose that having out LGBT [people] in every profession does: it helps change for the better the attitudes, insights, and sensitivities of those who work with or interact with them."

Lenk spoke with the Boston Globe about her upbringing, and her honor at having been nominated.

"I never expected to be standing here but the fact that I am shows that my story is the American story where anything is possible," Lenk told the Globe, referring to her impoverished childhood in New York.

Lenk would bring with her to the bench a history of civil litigation and experience with First Amendment issues. The Globe reported that she holds a doctorate in political philosophy from Yale University and a law degree from Harvard Law School. She is married to a same-sex partner.

As to what the state can expect from this nominee, Lenk answered: equality. "As a judge, my only allegiance is to the rule of law and to fair and equal treatment of all who come before the court," she told the Globe.