Virginia Del. Bob Marshall, defending his push to keep a gay prosecutor from a state judgeship, said Thursday that “sodomy is not a civil right.” Speaking on CNN, Marshall, a Manassas Republican running for U.S. Senate, said that Richmond Deputy Commonwealth Attorney Tracy Thorne-Begland was not fit for an appointment to the 13th General District Court because he was an “activist” for gay rights whose same-sex relationship was in conflict with the state constitution’s designation of marriage as being between a man and a woman. “Sodomy is not a civil right,” Marshall said. “It’s not the same as the civil rights movement.” “He can be a prosecutor if he wants to, but we don’t need advocates as judges,” he added. Thorne-Begland garnered national attention in 1993 when he came out on ABC’s “Nightline” to protest the military’s “don’t ask, don’t tell” ban on gays serving openly. A navy pilot, Thorne-Begland was honorably discharged and has since spent 12 years as a Richmond prosecutor and advocate for gay rights. The Republican-led House of Delegates defeated Thorne-Begland’s nomination to the District Court bench earlier this week. Several Republicans, including his House sponsor, defended Thorne-Begland’s credentials during the House debate and noted that the court deals mostly with domestic disturbances and bar fights. But Marshall worried a gay judge could take sides in those arguments, too. “He could preside as a district judge for a marriage of two guys if he wanted to in violation of the law,” Marshall said. “If you have a barroom fight between a homosexual and a heterosexual, I’m concerned about possible bias.”
