By Allie Martin
February 18, 2003

(AgapePress) - A Christian attorney says the case of a Mississippi judge who faces disciplinary action for expressing his private views on homosexuality proves homosexuals and their supporters don't practice what they preach.

Last year, Connie Glenn Wilkerson, a justice court judge for George County, wrote a letter to the editor of his local newspaper explaining his opposition to laws granting spousal benefits to same-sex couples. The judge subsequently repeated his opinions during a radio interview. Homosexual-rights groups filed a formal complaint, claiming that Judge Wilkerson was not qualified to serve.

Steve Crampton is chief counsel for the American Family Association Center for Law & Policy. Crampton says it is an outrage that the judge may be punished for private speech, saying any resulting discipline would violate Wilkerson's First Amendment rights.

"The U.S. Supreme Court decided that judges, when running for office, have a First Amendment free-speech right to speak about all of the issues of the day," Crampton explains. "Judge Wilkerson is an elected judge. He didn't happen to be up for election at the time, but one wonders if he had been running for office -- and plainly had a free-speech right to address these issues -- why doesn't that right apply when he may stand for re-election at the next cycle?"

Crampton also says the case proves there is a double standard when it comes to tolerance.

"In the end, I think what you have here is evidence that the 'tolerance police' are tyrants," the attorney says. "They cry 'privacy' when they want to cover their own behavior -- but they do not hesitate to bring down the iron fist of the state into a state judge's private life when it suits their agenda."

According to a press release from the Center, a decision against Wilkerson would set a precedent for intrusion upon the privacy rights of all citizens who happen to be judges, and would invite ethical oversight of potentially every private conversation of an off-duty judge.

The case, which will be heard by the Mississippi Supreme Court, represents the first test of a new provision added to the Mississippi Code of Judicial Conduct in April 2002. That new provision prohibits bias on the basis of sexual orientation. The Center for Law & Policy represents Wilkerson in the disciplinary proceeding.

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