A Republican
senator is holding up a Michigan judge's nomination to the
federal bench because she reportedly helped lead a
commitment ceremony for a lesbian couple four years
ago. Notoriously antigay senator Sam Brownback of
Kansas, a staunch opponent of same-sex marriage who has
presidential aspirations, said Friday he wants to know
whether there was anything illegal or improper about
the ceremony, which took place in Massachusetts.
He also said he
wants to question Michigan court of appeals judge Janet
T. Neff about her views on same-sex marriage and how her
actions might shape her judicial philosophy. ''It
seems to speak about her view of judicial activism,''
Brownback said. ''That's something I want to inquire
of her further.''
The Senate
Judiciary Committee last week approved Neff's nomination for
a seat on the U.S. district court in Michigan's
western district. Her nomination is now pending before
the full Senate. A single senator can block a
nomination from moving forward by placing a hold on it. A
White House spokesman did not immediately return a
call seeking comment on Friday. Neff has not returned
phone calls this week.
Brownback said
Republican activists in Michigan expressed concerns about
Neff after seeing her name in a September 2002 New
York Times 'Weddings/Celebrations' announcement. It
said Neff led the commitment ceremony for Karen
Adelman and Mary Curtin with the Reverend Kelly A.
Gallagher, a minister of the United Church of Christ.
While commitment
ceremonies marking the union of same-sex couples have
grown increasingly common, they are largely symbolic and
carry no legal benefits. Brownback said he wanted to
find out whether Neff may have presided over ''an
illegal marriage ceremony'' that skirted Massachusetts
law, which did not recognize same-sex marriages at the time.
The state
legalized same-sex marriage in 2004--the only state to
do so--after a ruling from its highest court.
Democratic
senator Carl Levin of Michigan, who learned about the
ceremony this week, said that based on the newspaper
announcement, it didn't sound like Neff had
done anything illegal. ''There's no reason why two
people can't stand up and exchange commitments with each
other provided they don't do anything illegal,'' Levin
said.
Brownback cited
recent instances in California and New York where local
officials issued marriage licenses to same-sex couples
contrary to existing laws. ''I don't know what she
did,'' Brownback said. ''That's why there's a factual
question.''
Brownback has
asked the U.S. Justice Department for a formal legal
opinion in addition to asking Neff specific questions. Joe
Solmonese, president of the gay advocacy
group Human Rights Campaign, said commitment
ceremonies ''have nothing to do with the law. This was a
symbolic expression of love between two people. This is
nothing more than Sam Brownback looking for another
opportunity to rear his bigoted head and find a way to
attack gay people."
Neff, 61, has
served on the Michigan court of appeals since 1989. She was
nominated by President Bush in June--along with Grand
Rapids attorney Robert Jonker and Berrien County
circuit judge Paul Maloney--to fill three
vacancies on the district court. Levin said Neff was
nominated along with Jonker and Maloney as part of an
agreement he and Democratic senator Debbie Stabenow of
Michigan reached with the White House. Brownback
said Neff has a more liberal reputation, while Jonker and
Maloney are considered conservatives.
Bush has long
advocated a constitutional ban on same-sex marriage. In
July a proposed federal constitutional amendment to ban
same-sex marriage failed to win the needed two-thirds
support in both the Senate and House. (AP)
