America’s First Out Judge Mary Morgan Retires
Mary Morgan, who became America’s first out judge in 1981 when she was appointed by Gov. Jerry Brown, announced she’s retiring from the San Francisco bench some thirty years later. The successor to the sixty-five-year-old, who spent 20 years as a judge while also assuming gigs at the Justice Department and a domestic violence legal clinic, will also be chosen by Brown. He’s the governor again, ya know.
Judge Morgan was tough but fair and always listened to the lawyers. Of course, judges never retire. They just come back as visiting judges, picking their own hours and days to serve. So she’ll likely still be a fixture in SF.
I am a little surprised that Judge Herbert Donaldson wasn’t the first openly gay judge. He was appointed three years later, in 1983 also by Brown. He had been a long time defense attorney who represented many men picked up in raids on SF gay bars as far back as the 50s.
There are so many gay men and women on the bench and in the legal community today in SF. I personally tried a case where everyone involved except one of the bailiffs was openly gay, including the judge, DA, both defense attorneys (myself included), the court reporter, the clerk, and most of the jury.
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So strictly speaking the first openly gay judge was Stephen Lachs who was appointed by Jerry Brown in 1979. Mary C. Morgan was appointed by Brown in 1980, and was the first openly lesbian judge.