2012 Virginia Senate Debates: on Civil Rights

George Allen: Gay judges ok; activist judges not ok

Radtke said Thorne-Begland would have brought an activist gay agenda to the bench. "The biggest problem we have in the country right now is activist judges," she said, noting that a federal judge had overturned a statewide California referendum that outlawed gay marriage.

Allen said he, too, was averse to judicial activism, but was the only candidate to say sexual orientation should play no role in appointing judges. "Sexual orientation is not a criteria for qualifying a judge or for disqualifying judges," Allen said. "I just don't want activist judges."

Bob Marshall: Blocked gay judge's nomination

But he declined to say whether he supported the successful effort by state Del. Bob Marshall, another Senate candidate, to block a gay Richmond prosecutor from a district judgeship earlier this month. "It's funny, I didn't hear an answer from our colleague," Marshall said. "I've already done it. You've seen it in the papers. It's quite easy to stand here and say you will do and not do things."

Tim Kaine: No discrimination against nominating gay judges

George Allen said he objected to anti-gay discrimination in principle but refused to take a position on whether it had played a role in Thorne-Begland's rejection: [selections should be] "based on fidelity to the Constitution and laws--judges should apply the law, not invent it or impose their own political views."

A spokesman for Tim Kaine has equated Thorne- Begland's rejection to discrimination: "Gov. Kaine believes that the only standard for selecting judges should be their qualifications. This type of discrimination has no place in government, and serves to pit Virginians against one another."

Tim Kaine: GOP agenda on gay marriage is divisive social legislation

A Kaine spokeswoman said, "Their support for divisive social legislation will only cause more polarization and gridlock in our politics."