Texas’ first openly lesbian judge Rosie Speedlin Gonzalez is appealing a sanction that bans her rainbow flag from the courtroom. Flags of other countries are allowed, but the rainbow is too sexual. Speedlin Gonzalez was warned, now she fights for her right – and for the right of all. Because the flag should say: Everyone is welcome here.

Short hair, big flashy glasses, colourful clothes, tattooed: some people might imagine a judge to look differently. In San Antonio’s queer community, Rosie Speedlin Gonzalez was known as an activist and advocate long before she made history in 2018 and became the first openly lesbian judge in the state of Texas. With 57% of the vote, she was elected judge of the district court in Bexar.

Now the lawyer clashed with the Texas Judicial Conduct Commission. The presiding judges accused Gonzalez of violating the rules of impartiality by flying a rainbow flag in the courtroom. She had to remove the flag. That doesn’t make the tough activist sit on her, she strikes back.

For Speedlin Gonzalez, some things don’t add up: For example, other judges, including those of mixed nationality, are allowed to show the flag of another country in their courtrooms. And now, of all things, an impartial rainbow flag is to be banned. The complaint was initiated by lawyer Flavio Hernandez, who described the flag as a “symbol of sexuality” for which there is no room in a courtroom. Speedlin Gonzalez, however, justified himself and made it clear that the flag had only very little to do with her own sexuality:

“Everyone is welcome in this courtroom. That was the symbolism behind this flag.”

In a statement to various media, attorney Hernandez made his convictions and the motives for his actions unmistakably clear:

“I may not be able to reverse the dark tide of immorality that is sweeping through our nation like a virus. But with my humble means, I have expressed my support for traditional American family values.”

And there’s more: the judge was also ordered to remove all signs of rainbows in the future – including her pen, mouse pad and a border on her robes. The colours of the objects don’t even follow the order of the rainbow – they are just colourful. Too much of a good thing for the advocate of law and order. She accused the Commission of having gone too far. The judge declared that she would appeal against the sanction. Her attorney, Deanna Whitley, said:

“Elected officials, including judges, have a First Amendment right, which they do not forfeit upon election. If the commission is going to enforce these issues, it should not be limited to an LGBTQ judge. It should be across the board.”

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