Senator raises questions to help stall

judge's nomination to federal bench

 

BY SAM HANANEL and KEN THOMAS, AP from the Detroit Free Press (freep.com)

on the Web, October 10, 2006

 

 
  Judge Janet T. Neff

WASHINGTON, Oct. 8 -- A Michigan judge's elevation to the federal bench could be derailed because she helped reside over a commitment ceremony for a lesbian couple four years ago.

Sen. Sam Brownback, R-Kansas, has put a hold on the nomination of Michigan Court of Appeals Judge Janet T. Neff, saying her presence at the 2002 Massachusetts ceremony raises questions.

"It seems to speak about her view of judicial activism," Brownback said Friday.  He has asked the Justice Department for a legal opinion.

Neff did not return calls seeking comment Friday.

Massachusetts had not recognized gay marriages in 2002 but legalized same-sex marriage two years later.

Conservative activists expressed concerns about Neff after seeing her name in a September 2002 New York Times "Weddings/Celebrations" announcement.  It said Neff and a minister led the commitment ceremony for Karen Adelman and Mary Curtin.  The Senate Judiciary Committee last week approved Neff for a seat on the U.S. District Court in Michigan's Western District; the nomination is pending before the Senate.  A single senator can block a nomination by placing it on hold.

In Michigan, Neff is running unopposed for another six-year term in the appeals court's 3rd District, which includes southwestern Michigan plus Jackson and Livingston counties.

Sen. Carl Levin, D-Mich., who learned about the ceremony this week, said it didn't sound like Neff did anything illegal.

"There's no reason why two people can't stand up and exchange commitments with each other provided they don't do anything illegal," Levin said.

Gay activists said the inquiry is a publicity stunt.

"This has got nothing to do with legal or ethical concerns by Sam Brownback and everything to do with him finding another opportunity to show himself to be the mean-spirited bigot that he is," said Joe Solmonese, president of the Human Rights Campaign.

Neff, 61, has served on the Michigan Court of Appeals since 1989.  She was nominated by President George W. Bush in June to fill one of three vacancies on the district court.

 

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