CBS/AP/ May 15, 2012, 9:33 PM

Virginia GOP blocks openly gay judicial nominee

Tracy Thorne-Beglan is seen in a Dec. 28, 2005, photo.

Tracy Thorne-Beglan is seen in a Dec. 28, 2005, photo. / AP Photo

(CBS/AP) RICHMOND, Va. - The Virginia House of Delegates, voting in Tuesday's wee morning hours, has blocked an openly gay Richmond prosecutor from appointment to a general district judgeship in the city.

Tracy Thorne-Begland received 33 yes votes, 31 no votes - all from Republicans - and 10 abstentions in his bid to become what gay-rights advocates contend would be Virginia's first openly gay jurist.

A minimum of 51 votes in the 100-member House is required for election.

Thorne-Begland was the only candidate among scores of nominees to general district, circuit and juvenile and domestic relations judgeships not approved in the overwhelmingly GOP-ruled House.

Among his fiercest critics was Del. Robert G. Marshall, an outspokenly anti-gay Republican from Prince William who is among four candidates seeking the GOP's U.S. Senate nomination in next month's primary.

"I don't even think it's proper to put his name forward because of his behavior," said Marshall, according to CBS affiliate WTVR in Richmond. Marshall called Thorne-Begland "a homosexual activist," in a press release.

Richmond Commonwealth's Attorney Michael N. Herring said today that Virginia lawmakers who scuttled the judicial nomination did so without any justification that he was unqualified for the bench, according to the Richmond Times-Dispatch.

"It's hard to think about what happened in the General Assembly and not conclude that it's a form of bigotry," Herring said.

Thorne-Begland had at least some support in the GOP in Virginia, including from Republican Governor Bob McDonnell, who said: "All I can tell you is what I've always said about judges and that is that these ought to be merit based selections solely based on a persons, skill ability, fairness, judicial temperament. Issues of race, sex, sexual-orientation, wealth, none of those things should be factors in whether or not you put somebody on the bench."

The Washington Post reports Thorne-Begland is "a top state prosecutor in Richmond with a decade of courtroom experience...who has prosecuted dozens of homicides and other major felonies, runs one of the biggest commonwealth's attorney's offices in Virginia."

The court to which he was nominated "consists mainly of traffic violations, minor crimes and run-of-the-mill civil disputes over contracts and late rent payments," according to the Post

In a statement released in the Richmond Times-Dispatch, Thorne-Begland said: "I would like to thank my sponsors, Senator Donald McEachin, and Delegates Jennifer McClellan and Manoli Loupassi and my family for their support. I look forward to continuing to serve the citizens of the city of Richmond and the great commonwealth of Virginia."

© 2012 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
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skitbit says:
keep it up, republicans - it's only a matter of time before your racism, bigotry, misogyny and homophobia make you EXTINCT
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tvwatcher5345 says:
i wonder if they would have blocked this judge if he was married to a divorced woman? since Jesus says in Matthew and Luke, he who marries a divorced woman commits adultery... would they put an adulterer on the bench?... my girlfriend is divorced and my older relatives(republicans) want us to get married, then i start quoting the Bible and they stop bothering us, God Bless my girlfriend she is such a good sport for putting up with me
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Lindag10 replies:
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Naw, wouldn't have bothered them a bit as many of them are on their 2nd or 3rd wife. They pick and choose what they get "outraged" about.
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Zann-Zel says:
by EmpireGeorge-_____---- May 16, 2012 3:29 PM EDT
I don't forget that Jesus also met with tax collectors and prostitutes, outcasts and lepers......however, he did say, go and sin no more.....take no more taxes than required.....I'm not sure if he would say to gays, go forth and keep sinning....provided you believe being gay is a sin, which I doubt it is, since it's not any person's fault being who they are.....however, lascivious and promiscuous behavior is the sin.....just like being straight and sleeping around is as well.
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I'm starting to wonder whether this opposition to same sex marriage stems from the thought that you aren't supposed to have sex unless you are married. If these people get married, and stay true to their spouses - they no longer have a reason to call them "Immoral". They no longer have a reason to judge them.
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Lindag10 replies:
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Hey Slow I was wondering why Mortar wasn't here defending the VA legislature and telling the rest of us to butt out of VA's business. It's always nice to know he's gotten cut down to size. LOL
Zann-Zel replies:
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Thank you Slow! : ) I just hope I caused him to think a little further than he was thinking!

I see a lot of the same exact words too! LOL!
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tsarek01 says:
Matt605 your facts are in error..I have seen both sides calling names and actign liek children. So, there you go..I said so.
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Zann-Zel says:
"Love One Another as I have Loved You"

How in the world that translates in some people's minds to giving them total license to judge and belittle others is beyond me!
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Lindag10 replies:
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Doesn't make any sense to me either. However, the very religious seem to have NO problem informing anyone that doesn't see things their way that you're going to rot in H*ll or something of that nature and telling you to "repent". Sigh.
AOCGUY replies:
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George, word on the street was that Jesus married a former prostitute
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Zann-Zel says:
What is the fear of this man judging a traffic violation?

Are you afraid he'll go easier on good looking men?

Ok. But how would that be any different than a heterosexual man being swayed by a woman in a mini-skirt?
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Zann-Zel says:
What has "morality" got to do with who someone loves?

An immoral person, is someone who thinks its okay to go out murdering, stealing, hurting people, without a second thought!

It is NOT immoral to love someone, opposite sex or same sex!
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Zann-Zel replies:
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Oh. So "MORAL" would be not having sex until a person is married right??
Right?
Right?
THEN LET THEM GET MARRIED!!!!!!!!!!!!!
DUH!!!!
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Lindag10 says:
Since this action against this man was apparently based on the "Christian" moral code that the GOP is so fond of, the supporters of anti-gay actions might want to take a second look at Jesus and his relationship with his disciple, John. Jesus NEVER preached against homosexuals. John was the disciple Jesus "loved" (the only one described in this manner) and was always laying on Jesus' chest and stuff like that. Their relationship was quite different than the one Jesus had with the others. Also when Jesus was about to die, he placed his mother in the care of John rather than the care of his brother which would have been the norm in that time. Just saying.
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Lindag10 replies:
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I didn't make ANY leap, but you sure did George. I just pointed out what was in the Bible and you took it from there.
Lindag10 replies:
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Look like I caught TWO fish. Any more out there? LMAO
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AttyFAM says:
How much more proof do we need that Republicans are bigots. They discriminate against minorities; they discriminate against women; they discriminate against gays and lesbians; they discriminate against Muslims and other non "Christians".

A person's sexual orientation has nothing to do with their ability to judge the law. You could equally argue that a heterosexual should be disqualified from judging a gay person.
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AttyFAM replies:
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No, it is not. To reprise my comment to a post below, when a senator looks at a judicial candidate's record as liberal or conservative, the senator is comparing that candidate's performance to the senator's view of the Constitution. The senator is not looking at the status of the person: Jewish, Hispanic, female.

This is a matter of status not performance. In all likelihood, this gentleman would be a fairer judge than you would be, since you clearly are anti-gay. He was a successful prosecutor for the state. Is there anything in his record that would disqualify him from being a judge? I think not. And I know that you have no clue.

As to adultery, no. They would have to disqualify most married people then. And there is nothing to suggest that a person who has an extra-marital affair cannot be a fair judge. Status is irrelevant. Do you think the American born daughter of a Jewish Hispanic immigrant cannot be a fair judge? How far do you carry your bigotry?

And how do you know what values a gay man holds? How do you know they are the same as those of the next gay man? You don't. You stereotype and you apply your bigoted sense of righteousness to presume the worst without a whit of knowledge. You probably felt that gays should not be in the military, too. Guess what. They have been for centuries, millennia even. And they have been judges too. You never noticed because they apply the law the same way that other judges do.
sandiegopete replies:
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Smokey: Saying a gay person does not have the values you want in a judge is like saying a person of the Mormon faith does not have the values you want in a judge, or President for that matter. It is a matter of discrimination either way.
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KPeters_from_UK says:
by EmpireGeorge-_____---- May 16, 2012 11:10 AM EDT
and....I haven't studied the case sufficiently to agree with the VA legislators.....so on the surface, typically gayness shouldn't be a disqualification for employment.....but I don't speak for VA, Viriginians do.....and they elected those reps.
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One other issue that makes this so wrong is that a vocal group of GOP are acting out their beliefs but not acting according to the views of majority of the States' population. If the majority believe that gay should have the right to civil partnerships then I highly doubt they would have a problem with a gay judicial nominee.

"By a 20 percentage point margin - 55 to 35 percent - Virginia adults think it should be legal for gay and lesbian couples to adopt a child in the state."
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