Donald Trump’s Supreme Court nominee refuses to give his opinion on gay marriage
Brett Kavanaugh faces accusations of sexual assault (Chip Somodevilla/Getty)
President Donald Trump’s Supreme Court Justice nominee Brett Kavanaugh has refused to answer multiple questions about his opinion on same-sex marriage.
During Thursday’s (September 6) confirmation hearings, the right-wing judge admitted that he had not officiated a gay wedding, but when repeatedly asked what he thought of equal marriage, he would only say it was the law.
Kavanaugh also appeared to suggest that discrimination against same-sex couples in the US was over by citing an opinion from the court’s ruling in favour of Masterpiece Cakeshop, the Colorado bakery which refused to serve a gay couple.
Supreme Court nominee Judge Brett Kavanaugh during the third day of confirmation hearings (Chip Somodevilla/Getty)
The president’s nominee, who would replace retiring centrist Anthony Kennedy, was questioned by Democratic senator Kamala Harris over his opinion on Obergefell v. Hodges, the 2015 ruling which legalised same-sex marriage across the US.
Kavanaugh, who was on a shortlist of Supreme Court candidates drawn up by the anti-LGBT+ Heritage Foundation, would not say if the decision was correct.
Senator Kamala Harris questions Kavanaugh (Drew Angerer/Getty)
Instead, he said: “In Masterpiece Cakeshop, and this is, I think, relevant to your question, Justice Kennedy wrote in the majority opinion joined by Chief Justice [John] Roberts and Justice [Samuel] Alito and Justice [Neil] Gorsuch and Justice [Stephen] Breyer, the days of discriminating against gay and lesbian Americans as inferior in dignity and worth are over,” according to Washington Blade.
This was called into question by New Jersey senator Cory Booker, who told him: “There’s a lot of folks who are concerned if you get on the court, folks who are married right now, really have a fear that they will not be able to continue those marital bonds.”
He pointed out that in the majority of US states, you can fire someone for being gay, adding: “I guess you’re not willing to tell me whether you personally morally now think that’s right or wrong.”
Kavanaugh struggled to answer the questions (Chip Somodevilla/Getty)
Kavanaugh blustered, so Booker moved on, asking: “When you were in the Bush White House, did you have any involvement in the constitutional amendment to ban same-sex marriage?”
Booker then repeatedly asked Kavanaugh whether he expressed an opinion at the time, eventually asking him about his current opinion, insisting in the face of resistance: “I’m not asking your opinion then, I’m asking your opinion now.”
“Well the Supreme Court, with Obergefell…” Kavanaugh began, before Booker interrupted, saying: “Sir, in your opinion—I don’t know, maybe I didn’t get the record, I don’t know if you’ve conducted gay marriages, I don’t know if you’ve been to gay marriages—what’s your opinion?
Senator Cory Booker asked what the nominee thought of gay marriage (Drew Angerer/Getty)
“I am a judge, I apply the law…” Kavanaugh told him.
“Have you conducted a gay marriage? Presided over one, officiated a gay marriage?”
“I have not,” responded Kavanaugh.
“Okay. But you don’t want to tell me your opinion on that issue,” Booker said.
Supreme Court nominee Brett Kavanaugh is stauncly pro-life (SAUL LOEB/AFP/Getty)
“I apply the law. The law of the Supreme Court…” said Kavanaugh, dodging the question once again, at which point Booker moved on to his next issue.
Human Rights Campaign President Chad Griffin condemned this response, saying: “Brett Kavanaugh’s refusal to answer very basic, very direct questions about the Supreme Court’s historic ruling bringing marriage equality nationwide is alarming and completely unacceptable.
“The Obergefell decision is settled law.
“If this nominee cannot so much as affirm that or the fundamental equality of LGBTQ people and our families, he should not and must not be granted a lifetime appointment to our nation’s highest court.”
