Texas Judge Can No Longer Let Her Pride Flag Fly in Her Courtroom

SAN ANTONIO, TX—Courtrooms are places where people confront each other in legal proceedings, but it's not unusual for the judge assigned to a particular courtroom to add personal touches that, in a sense, "make it her own." This can be anything from hanging award plaques on the wall behind the bench to having photos of the judge's family on the bench for her to look at, to even displaying a flag opposite the stars-and-stripes that's a staple in almost every courtroom in the U.S. But one flag that won't be flying in any Texas courtroom for the foreseeable future is the rainbow-colored gay pride flag that's been part of American culture since it made its first appearance in San Francisco in 1978. Judge Rosie Speedlin Gonzalez had just such a flag displayed in her courtroom, Bexar County Court 13, along with a rainbow-colored serape, rainbow-colored lapel pin, rainbow-colored pen, rainbow-colored mousepad and rainbow-framed glasses—and apparently, all that color was just too much for criminal defense attorney Flavio Hernandez, who felt that he had to complain about all that brightness to the Texas State Commission on Judicial Conduct. And wouldn't'cha know it? The Commission forced the judge, an out-and-proud lesbian, to remove all that stuff from view in her courtroom. Gonzalez is well familiar with that sort of bigotry, having grown up in Brownsville, Texas well before most people in that state had even heard of such a thing as "gay rights." And according to the San Antonio Express News, "When Gonzalez took over the County Court at Law No. 13 bench in January 2019, as the first openly gay judge elected in Bexar County, she decided to honor that cause." But there still are a few people in Texas who haven't gotten the message that gay rights are human rights, most notably Flavio Hernandez. Not only did he file a motion just a year ago to force Gonzalez to recuse herself from presiding over any case where he was the defense attorney, but he openly expressed his bigotry in a written statement, which said in part, "Other flags expressing personal bias such as white supremacy (swastikas), or black slavery (confederacy) are also divisive and inappropriate symbols in our courtrooms. I may not be able to turn the dark tide of immorality sweeping through our nation like a virus, but in my small way, I voiced my support of traditional American family values." Gosh, who knew that being proud to be gay was in the same league as being a white supremacist or a slave owner? Of course, it's unclear just what Hernandez considers to be a "traditional American family value." He may not have heard, but gays and lesbians can now marry in this country (America) and create families for themselves, and after a generation or two, they may even develop traditions to be passed down to their offspring. But to Hernandez, that phrase likely means anything his white Christian brethren approve of. Why, just last November, that same Commission on Judicial Conduct was forced to smack down Dianne Hensley, a Waco justice of the peace who refused to conduct same-sex wedding ceremonies, even though she had no problem performing weddings for opposite-sex couples. (Funny story: Two of the Commission's members who voted to sanction Hensley were called in for meetings with Gov. Greg Abbott's staff—and afterward, he withdrew both of their nominations to be confirmed by the State Senate.) NBC News noted that Gonzalez received the rainbow flag in question when she was sworn in, courtesy of the local LGBTQ chapter of the League of United Latin American Citizens, an advocacy organization for the U.S. Hispanic population. Gonzalez is appealing the Commission's decision, by the way, telling NBC News that Hernandez's complaint and the commission's decision in his favor are "homophobia in its most transparent, clear definition." "I carry a lot of pride on my shoulders from the LGBT community to have me up on the bench," she said, having been one of the record 52 out LGBTQ candidates who ran for office in Texas' 2018 election cycle. "I have no intention of being bullied off my bench. The conservative leadership needs to acknowledge we are a diverse state and things need to change." "Judges all over the state of Texas have a right to express their First Amendment rights. They don’t lose that right when they become elected," said Deanna Whitley, Gonzalez’s attorney. "Judges might have a Mothers Against Drunk Driving emblem or they might have a cross or they might have a bible or a flag with a thin blue line. There was no showing that Rosie was, in any ruling, biased in favor of or against anyone." Gonzalez still presides over Courtroom 13, and if Hernandez ever does come before her again on a judicial matter, it should be a sight to behold. Pictured: Judge Rosie Speedlin Gonzalez in the days when she could still fly her flag.