Former Senator McCaffrey advances towards a judgeship despite his history of bias towards the LGBTQ+ community
"I have family members who are members of those communities. We get along great. We get along great," said McCaffrey. "It’s a question of things having evolved over time.”
In the end, six of the eight members present for last night’s Rhode Island Judicial Nominating Commission hearing voted to include former State Senator Michael McCaffrey on a list from which Governor Daniel McKee will fill the District Court vacancy created by the resignation of Associate Justice Melissa DuBose. Only Chair Krystle Tadesse and commission member Lamel Moore declined to vote for McCaffrey. Christian Capizzo, Thomas Casale, Karen Glynn, James Lepore, Jina Petrarca, and Jason Preciphs voted in favor of a man who, in a legislative career spanning three decades, consistently and strenuously advocated against the “rights of people to reproductive healthcare, including abortion, and the rights of the LGBTQIA community to marriage, healthcare, and bodily autonomy equal to all other Rhode Islanders.”
Here’s McCaffrey’s full interview:
At last week’s hearing, the Commission heard from a dozen people (and dozens more submitted written testimony) detailing the former Senator’s opposition to reproductive rights and LGBTQ+ rights.
In a Providence Journal interview, McCaffrey made excuses for his 28-year legacy of legislative bigotry. He repeated much of what he said to the ProJo in his testimony before the Commission, starting with the idea that he has “evolved.”
“Like many public officials, my understanding of these matters has evolved,” said McCaffrey. “I’ve listened. I’ve learned and grown, both personally and professionally, and I have members of my family who are members of those communities, and I believe that growth is an essential quality that is important in any judge.
“Also, I understand that some of my past legislative votes have been brought forward,” said McCaffrey. “I would just ask that you look at the time that those votes were taken and the broader legislative process that was involved with that.” McCaffrey later expanded on this point under questioning:
“I think if you look at all of society over the last number of years, society has changed its view on a lot of those issues. Going back to the nineties, there are a number of senators - Democratic senators - who voted for the Defense of Marriage Act. They have changed their views on those things.”
The Defense of Marriage Act (DOMA) defined marriage as the union of one man and one woman, denying the right of marriage to same-sex couples. It was in effect from 1996 to 2013, when Rhode Island passed Marriage Equality.
“I think it’s an evolution of the issues of getting the issues out there so that people become aware of them,” said McCaffrey. “I mean, like I said, I have family members who are members of those communities. We get along great. We get along great. It’s a question of things having evolved over time.”
Note that McCaffrey had “family members who are members of those communities” when he voted against the Marriage Equality legislation, the LGBT Civil Rights bill in 1995, the sodomy law repeal in 1998, the hate Crimes Law in 1998, the transgender civil rights law in 2001, and domestic partner benefits for state employees in 2001.
Astoundingly, McCaffrey then took credit for the passage of key pieces of legislation, such as Marriage Equality and the state’s codification of Roe v. Wade, both of which then-Senator McCaffrey voted against and actively opposed as a member of the Senate leadership team..
“As both chair of the Judiciary Committee, the Majority Leader in the Senate, and a member of the leadership team, a number of these pieces of legislation that were discussed last week would not have come to the Senate floor if it were not for leadership decisions,” said McCaffrey. He later added, “I know that the Senate did pass the codifying Roe v Wade when I was in the Senate, and that was, I think, in 2019. In addition, with respect to LGBTQ+ rights, I think that all individuals, whatever the law is, will be protected under those rights.”
McCaffrey said, “… let me first say I have three daughters, so the rights of women are very important to me.” McCaffrey had three daughters when he voted against the bill to codify Roe v. Wade into state law.
“I don’t believe that my political views or my political influences on issues would be something that I would take to the bench with me. It doesn’t deserve to be on the bench. As a judge, you have to listen to the facts, be neutral, and then apply the law, the state law - whatever the state law is at this time,” said McCaffrey. “I’ve always treated everyone with dignity and respect, both in public and out of public service, and if I’m appointed to the bench, I’ll continue to ensure that every person who enters my courtroom feels seen, heard, and equally treated under the law.”
McCaffrey’s friends and co-workers on the Commission were quick to excuse the former Senator’s three decades of legislative bigotry.
“I just want to let everybody in this room know [that] I’ve known Leader McCaffrey for 25 years. He’s not the monster people try to make him out to be. He’s a gentle guy. He’s a nice guy,” said Commission member Thomas Casale, who went on to recount his days lobbying the former Senator at the State House. “[Garbled] lobbyists for the auto body industry, and he was always our go-to guy where I could call him, get an appointment, and go and talk to him about different things that we wanted to change. He spent time with us and explained to us. Sometimes I left there happy - we were right. Sometimes we left disappointed because he showed us where we were wrong. So he’s a great teacher. He looks at things from both sides. He doesn’t just rule for the Auto Body Association. He’ll look at both sides of the insurance companies, and 90% of our bills that we put through were always consumer-oriented bills, and he recognized that. He taught us that.
“So I think he’s a great leader, and being in the lead position, you take a lot of heat for everything. You get a lot of political pressure on some of your choices. A good leader always follows the [Senate] President, so sometimes some of the choices may not have been - so I just want everybody to think about that. I think it’s a perfect thing with his abilities.”
Attorney and Commission member James Lepore was also an enthusiastic defender of McCaffrey’s lifetime of legislative bigotry.
“Michael, you and I have seen each other in District Court for probably 25 plus years, and I have to say, you’re the most compassionate person I’ve ever seen in the corridor of District Court. I see you talking to clients and people… I think you have a great personality that will do well on the District Court, and some of the things that other people have said - that’s the political side. This is the judicial side, and your whole career, from law and a natural transition into a judgeship. Michael, I think you’ll do a fabulous job there, and I support you wholly.”
You can watch the votes being tallied here. Here’s the tally sheet, showing how each Commission member voted:
The Commission interviewed eight other people on Wednesday: Rebecca Aitchison, Maria Deaton, Anthony DiBiase, Jr., Amy Dodge Murray, Magistrate Alan Goulart, Robert Johnson, IV, Eva-Marie Mancuso, and Ania Zielinski. When asked about their personal and professional views on “the rights of people to reproductive healthcare, including abortion, and the rights of the LGBTQIA community to marriage, healthcare, and bodily autonomy equal to all other Rhode Islanders,” even the weakest answers showed support.
Here’s a video showing all nine candidates responding to the question:
The Rhode Island Judicial Nominating Commission is obligated to take former State Senator Michael McCaffrey’s demonstrated history of bias towards the LGBTQ+ community seriously. The enabling legislation establishing the JNC says explicitly, “The commission shall also consider the candidate’s sensitivity to historically disadvantaged classes, and may disqualify any candidate with a demonstrated history of bias towards any of these classes.” Sadly, most Commission members are in the privileged position of being able to ignore and dismiss McCaffrey’s history of bias. As a result, McCaffrey is one step closer to a lifetime appointment as Associate Justice on the Rhode Island District Court.
The list of five candidates, Rebecca Aitchison, Maria Deaton, Anthony DiBiase, Jr., Robert Johnson, IV, and Michael McCaffrey, now goes to Governor Daniel McKee. It will be shocking if the Governor chooses any name but McCaffrey’s for the Senate to rubber stamp. Still, it can’t hurt to let the Governor know your opinion.
Steve, thank you as always for your heroic work. One correction: the 1995 civil rights legislation only covered sexual orientation (gay, straight, bisexual) and not gender identity, so it is not correct to refer to it as LGBT civil rights legislation. In fact, the bill that was originally introduced did include gender identity and expression, but the then-leadership of the House told advocates that it would not pass if that was included, so it was removed. (Note to readers: I was not involved in the making of that decision, so don't come after me for it.) The 2001 bill added gender identity and expression to the state nondiscrimination law (I was involved in getting that passed.)
Very, very disappointing but not surprising. We live in a time when facts and evidence are routinely being dismissed, and convenient lies, unchallenged flipflops and calculated, smooth-sounding rhetoric are all that are required. Rhode Island is the Trumpiest "Blue State" in the country, where the goombahs take care of the goombahs and "artful" deals are usually consummated with the devil. But we showed up. We witnessed to the truth. I am proud of every single one of the folks who stood up to Power last week.