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  • There's a sorry history of these kinds of charges of bias being leveled at women and judges of color, and also gay and lesbian judges. The theory being that they're going to be incapable of a disinterested judgment on matters that involve their own identity groups. And it came up famously for Constance Baker Motley who was one of the first African American federal judges in a case involving sex discrimination.

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There's a sorry history of these kinds of charges of bias being leveled at women and judges of color, and also gay and lesbian judges. The theory being that they're going to be incapable of a disinterested judgment on matters that involve their own identity groups. And it came up famously for Constance Baker Motley who was one of the first African American federal judges in a case involving sex discrimination.

Were a stranger to drop on a sudden into this world, I would show him, as a specimen of its ills, a hospital full of diseases, a prison crowded with malefactors and debtors, a field of battle strewed with carcasses, a fleet foundering in the ocean, a nation languishing under tyranny, famine, or pestilence. To turn the gay side of life to him, and give him a notion of its pleasures; whither should I conduct him? to a ball, to an opera, to court? He might justly think, that I was only showing him a diversity of distress and sorrow.

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