ABOVE: Ketanji Brown Jackson, photo via Washington Blade.
In a historic move, President Biden is set to name Ketanji Brown Jackson, currently a judge on the D.C. Circuit Court of Appeals, as his choice for the U.S. Supreme Court, according to reports in multiple media outlets. The selection would make Jackson the first Black woman to serve on the bench.
Jackson, 51, is a favorite among progressives because of her background as a former public defender in D.C. and former clerk for U.S. Associate Justice Breyer, who’s seat she would fill upon his announced retirement this year if confirmed by the U.S. Senate.
Joni Madison, interim president for the Human Rights Campaign, hailed the choice of Jackson for her “integrity, professionalism and unwavering commitment to the Constitution.”
“Her tenure on the bench provides ample evidence that she is both prepared and trustworthy of this highest privilege, and responsibility, that comes with sitting on our highest court,” Madison said.
Madison declared the Human Rights Campaign supports Jackson: “After a careful review of her record, it is clear that Jackson’s demonstrated fidelity to the principles of our Constitution instills confidence that she will continue Justice Breyer’s legacy as a champion of equality.”
In terms of LGBTQ issues, however, Jackson’s record is not without its blemishes. She once worked as an adviser for a Baptist school in the Maryland suburbs that had a mission statement against LGBTQ people and abortion.
The now-defunct school, known as Montrose Christian School, had a statement on its website condemning homosexuality and abortion consistent with its religious views, as documented by the conservative Washington Examiner at the time of Jackson’s confirmation process for her current seat on the D.C. Court of Appeals.
The mission statement urged students to uphold a “Christian character,” which among other things in the views of the school, meant they should oppose “all forms of sexual immorality, including adultery, homosexuality, and pornography.” Abortion is also implicitly condemned in the mission statement: “We should speak on behalf of the unborn and contend for the sanctity of all human life from conception to natural death.”
Upon Jackson’s nomination, conservatives smarting from attacks on now U.S. Associate Justice Amy Coney Barrett during her confirmation process over her ties to religious groups with anti-LGBTQ views, as well as her affiliation with the anti-LGBTQ legal group Alliance Defending Freedom, may cynically highlight Jackson’s past affiliation with the school as a reason to attack her or progressives as hypocrites for not opposing her confirmation.
Jackson addressed her past work with the school during the confirmation process for her current job in response to questions from Sen. Richard Durbin (D-Ill.) on her past work, maintaining her role on the advisory board for Montrose Baptist Church was limited and she was unaware of its position statement.
“I was aware that Montrose Christian School was affiliated with Montrose Baptist Church,” Jackson said. “I was not aware that the school had a public website or that any statement of beliefs was posted on the school’s website at the time of my service. My service on the advisory school board primarily involved planning for school fundraising activities for the benefit of enrolled students. I did not receive any compensation for my service.”
Nan Hunter, an emeritus law professor at Georgetown University who has written about LGBTQ issues, previously downplayed in an email to the Blade Jackson’s affiliation with Montrose Christian School as evidence she would be hostile to LGBTQ people as a Supreme Court justice.
“Judge Jackson apparently volunteered for a year to help raise money for student services at a Christian school in the D.C. suburbs,” Hunter said. “There is no indication anywhere in her professional record or personal experience that she shares anti-gay views. In my opinion, her lifelong commitment to equality more than outweighs any concern that she might be biased against LGBT rights.”
Progressive groups were undeterred by Jackson’s work for Montrose Christian School in their support for her nomination.
Fatima Goss Graves, CEO of the National Women’s Law Center, said in a statement Jackson is “an eminently qualified public servant with distinguished experience as a federal judge.”
“As a district court judge, she ruled on over 550 cases and is renowned for her careful, methodical approach to ensuring equal justice under the law on reproductive rights, disability rights, and workers’ rights,” Graves said. “It is incumbent upon senators to give her a fair and timely confirmation without obstruction, honoring their Constitutional duty to advise and consent and their moral duty to treat her with the respect and dignity she deserves.”
