The Lesbian and Gay Bar Association of Chicago hosted a panel of openly gay judges at the Chicago Bar Association on March 13.
"Out on the Bench: 10 Years Later" commemorated a similar panel discussion that occurred 10 years ago, highlighting the progress the LGBT community has made in the courts and on the bench as well as current and future challenges.
Panelists included judges Mike McHale, Sebastian Patti and John Ehrlich, the newest LGBT judge to join the bench in Chicago, as well as retired judge Tom Chiola, the first openly gay judge in Cook County.
The panelists indicated that now colleagues are less apt to be openly homophobic from the bench, and other gay and lesbian colleagues are more likely to be out.
Swearing in lesbian and gay judges is remarkable, said the panelists. Seeing a judge take the oath of office with their same-sex partner present, even though their relationship is not recognized by the state as a legal marriage, was groundbreaking for the panelists.
"If 10 years ago someone asked me if gay marriage would be considered in Illinois in 2013, I would have said absolutely not," said Patti.
When running for his seat on the bench eight years ago, Ehrlich sent out mailings with photos of his partner; but in the latest election, Ehrlich felt "the issue of being gay just fell away."
The panelists also discussed the issue of being the "token gay" to diversify a liberal candidate slate, indicating that being an openly gay candidate has lost its novelty.
"[Being openly gay] doesn't mean much anymore. I'm judged on my qualifications," said Patti.
When the panelists were asked why they felt attitudes changed toward openly gay and lesbian candidates, they cited cultural attitude shifts toward LGBT people and running for office in liberal areas.
"There's no question that where you run [for office] is important," said McHale.
Many LGBT-rights issues are decided by the courts, so panelists also addressed the critique of "activist judges" and the potential bias LGBT judges may face when deciding LGBT-related cases.
"I'm a judge. I'm going to apply the facts and the law," said McHale. "I'm still going to rule the way I'm going to rule."