As a Chilean judge of Palestinian origin, Karen Atala was a member of three conservative societies. Neither Chile nor its judiciary reacted very gracefully when Atala began to live with a same-sex partner after separating from her husband in 2002. Her husband, also a judge, argued that she should lose custody of their three young daughters because of her “lifestyle choice.” This was especially insulting as mothers in Chile are generally awarded custody except in cases of prostitution or substance abuse.
While her custody case was pending, a judge from the Court of Appeal, who supervised her professionally and would soon hear a portion of her case, ransacked Atala’s computer and interrogated her colleagues about her sexual identity. While stopping short of disciplinary action, he concluded that “her peculiar emotional attachment…clearly damages the image of the Judicial Branch.”
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