Advocates of same-sex marriage found a silver lining to their loss this summer in Hernandez v. Robles: Namely, the importance of judicial diversity — specifically, the need for New York’s first openly gay appellate judge — has never been more clear.
“Hernandez is a huge catalyst,” said Robert F. Bacigalupi, a Legal Services attorney who heads the Judicial Action Committee, a coalition dedicated to increasing lesbian, gay, bisexual and transgendered representation in the judiciary. “Suddenly, people who had no idea what the Court of Appeals was are saying, ‘Hey, that was a terrible decision.’”
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