The refusal of a Syracuse City Court judge to marry a same-sex couple has thrust judicial discrimination into the spotlight. A New York State court system commission advocates on behalf of the LGBTQ community both on and off the bench.
Most people have probably never heard about the Richard Failia LGBTQ commission. It was established in 2016, and executive director Matthew Skinner says its members work with attorneys, judges, and court staff to improve policies and procedures in the system to better serve LGBTQ citizens.
“Things like cultural competency and updating people on legal developments," Skinner said. "We have a mentoring program to try help the next generation of LGBTQ judges ascend to the bench.”
One of the commissioners is Syracuse City Court supervising judge Mary Anne Doherty, who is openly gay. She ended up marrying the same-sex couple after judge Felicia Pitts-Davis refused to do so citing religious reasons. The case has been referred to the state commission on judicial conduct. But investigations can take months or even years, raising concerns that a biased judge under review can sit on the bench and continue discriminating while making rules. Skinner says he can’t speak for the conduct commission, but says there is a range of discretion.
“I don't want to say people should be left for years engaging in discriminatory conduct from the bench," Skinner said. "There are situations where administrators can act more aggressively based on reports and investigations. When a report gets picked up by the press, that is part of the overall picture.”
Meaning, the system is more conscientious when a case draws the public’s attention. Skinner says despite some continuing challenges, there have been enormous strides to reduce LGBTQ discrimination in the courts. He’s confident in a robust system of accountability.
“I know the administrators of our court system very well and I know that that people work very, very hard to ensure that our court system is fair and not infected with egregious bias,” Skinner said.
Under state law, judges are authorized but not obligated to perform marriages. But those who do cannot discriminate.
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