A Texas attorney has filed a complaint against a judge over the display of the pride flag in her courtroom.
Express News reports that Judge Rosie Speedlin Gonzalez took the bench in 2019. In her courtroom, she added a pride flag alongside the American and Texas state flags. That display drew the fury of Flavio Hernandez, a San Antonio criminal defense lawyer, who both filed a complaint with the State Commission on Judicial Conduct and demanded that Gonzalez recuse herself from any case he might be involved in. Hernandez, a staunch anti-queer activist, has charged that display of the Pride Flag shows a bais against opponents of LGBTQ rights.
Related: Judge who refuses to marry same-sex couples files legal action in Texas
Last month, the Commission sided with Hernandez, ordering Judge Gonzalez to remove the pride flag–along with any other item that displayed the rainbow–from her courtroom. Gonzalez, however, has hired an attorney and plans to appeal the decision.
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“Judges all over the state of Texas have a right to express their First Amendment rights. They don’t lose that right when they become elected,” Deanna Whitley, Gonzalez’s attorney, said in a statement. “Judges might have a Mothers Against Drunk Driving emblem or they might have a cross or they might have a bible or a flag with a thin blue line. There was no showing that Rosie was, in any ruling, biased in favor of or against anyone.”
In recent months, Texas has become a hotbed of debate over public officials refusing to serve LGBTQ Americans. Waco Justice of the Peace Dianne Hensley filed a lawsuit in December to refuse to perform same-sex marriages. In November, audio of the Texas Speaker of the House Dennis Bonnen leaked online, capturing the Speaker referring to his political opponents as “gay” while bargaining for campaign contributions with a lobbyist.
Chrisk
“display of the Pride Flag shows a bais against opponents of LGBTQ rights.”
So showing support for gay people is considered discrimination against bigots in Texas? Good of Hernandez to be so open about it.
DuMaurier
It doesn’t show a bias anyway. Judges have to walk a fine line in that area, but their speech and expression only cross the line if it suggests they won’t hear cases fairly. If a judge can have a MADD emblem and we all understand that this just means he’s anti-drunk driving (who isn’t??) but will still respect due process for a defendant accused of DUI, then I think we can accept that displaying a symbol of respect for LGBTQ people doesn’t mean the judge is going to toss out her professional judgment and oath of office over it.
missvamp
It’s crazy that one post can make me proud & ashamed of my state at the same time. SMDH.?
Mack
There is a reason why I avoid the State of Texas whenever I travel (which I do quite frequently). And this just re-enforces that reason.
PanzerRider
Judges should refrain from making any political/social comments in the courtroom via the display of flags, emblems, placards, etc. Allowing this judge to display the rainbow flag merely opens the doors to other judges making statements via their flag of choice. She can display the flag at her home or even in her office but choosing to display it in the courtroom was a poor choice. I would hope as a judge she would have known better.
TheMarc
I would have otherwise agreed; but this is a ship that has sailed. If the pride flag can’t be shown in a courtroom, neither can anything else with the exception of the symbols of state (TX and US flags and seals.) Attacking her common sense for displaying a pride flag when so many other judges and government officials regularly and widely display various other personal or religious symbols is not just myopic but very telling; just so you know. Your complete lack of objectivity is showing.
Cam
Really? So it’s controversial for a judge to express the same opinion that came down from the U.S. Supreme Court?
Nice Try.
armandov
But then shouldn’t this also apply to religious symbols as well? I had a court case – here in Texas – a year ago and saw the judge wearing a very large and prominent crucifix around her neck. And being a Christian in TX usually means you are not down w/ the gays- at all. Did I lose my case b/c the judge was a bible thumper and she knew I was gay? Can’t tell for sure but her wearing that large cross led me to believe it.
TheMarc
Good for her! We need people with this sort of common sense integrity fighting back where they can. Hernandez is another snowflake bigot who can’t handle even the slightest reminder that gay people exist.
Cam
By this logic, then the attorney would also not want the judge to state that she opposes the KKK.
And can we stop using the words “Opposes LGBT rights”? It is anti-LGBT bigotry. If our press won’t even use the term how can we expect the national media to use it?
nmarkwb
OH WHAT A LOAD OF BS.