Jun 30, 2006  |  By: JOSHUA LYNSEN  | COMMENTS     

Maryland Republican Gov. Robert Ehrlich last week appointed a gay judge to the Baltimore District Court.

Christopher Panos, 47, a special master in the city’s Circuit Court family division, lives in Baltimore with his partner of 17 years, Dennis Cashen, and the couple’s 16-month-old daughter, Cate.

When reached by phone June 28, Panos said he was unable to comment publicly pending completion of the legislative appointment process.

But he told the Baltimore Sun that his appointment is “indicative of social progress within the form of a judicial nomination.”

According to court and foundation newsletters, Panos has contributed to the Women’s Law Center, helped review state custody and domestic violence laws and led the family court division’s softball team.

Panos, who still must be confirmed by the state legislature, could face some resistance from Republican lawmakers.

Republicans challenged the appointment of Baltimore District Court Judge Halee Weinstein, a lesbian, in 2003. She was confirmed, and became the state’s first openly gay judge.

Dan Furmansky, executive director of Equality Maryland, urged Ehrlich to support Panos if his appointment is also challenged.

“Governor Ehrlich certainly has — or has had — staffers who are gay or lesbian, so my hope is that Governor Ehrlich shares the belief of most Marylanders that sexual orientation is not relevant when choosing someone for a job,” Furmansky said.

The announcement of Panos’ appointment came just days before Ehrlich officially announced his bid for re-election.

Some political observers, including Furmansky, said the appointment was an attempt to appeal to moderate voters in a predominantly Democratic state.

“I think we’re seeing an election year Ehrlich,” Furmansky said. “Everyone who follows politics knows the name of the game is ‘move toward the center’ for all candidates.”

Mindy Daniels, a D.C. attorney who specializes in gay rights, said Panos’ appointment is a step forward for Maryland gays.

“I think that a high-profile appointment like that shows that you can be out and still be very successful and that hopefully this is the rule rather than the exception,” she said.

Daniels emphasized that Ehrlich named Panos to the bench because he is qualified.

“I think it’s important to note that he didn’t get appointed because he’s gay,” she said. “He got appointed despite the fact that he’s gay.”

Conservatives
slam choice

Some conservatives denounced the governor’s appointment of an openly gay man to the bench, while others saw the move as an effort by Ehrlich to court moderate voters.

“I am dismayed and in total disbelief that the governor would appoint a gay judge,” Del. Donald H. Dwyer (R-Anne Arundel County) told the Baltimore Sun. “I certainly hope he knows what he’s doing in light of the upcoming elections in November.”

Dwyer introduced a constitutional amendment to ban gay marriage in the state, which was defeated earlier this year. He also introduced a resolution March 7 seeking to remove Baltimore Circuit Judge M. Brooke Murdock from the bench after she ruled that a law banning same-sex marriage in the state is unconstitutional. The measure was defeated.

Ronald V. Miller Jr., a personal injury lawyer with Miller & Zois in Glen Burnie, Md., said Panos’ sexual orientation shouldn’t be a concern.

“This is a big story because Judge Panos is openly gay,” Miller wrote in his blog. “I look forward to the day when this is not a story. I’m convinced this day will arrive but we are clearly not there yet.”

Miller, who is straight, said in an interview that good lawyers will treat Panos the same way they treat any other Baltimore District Court judge.

“We’re trying to get the best outcome we can for our clients,” he said. “The last thing we’re worrying about is the sexual orientation of the judge making the decisions.”

Furmansky also said Panos’ sexual orientation shouldn’t be a concern.

“I think that in Maryland, the consensus is that the best person for a job is the best person for the job,” he said.

Political pandering?

The judicial appointment was made one week after Ehrlich fired a Maryland representative on the Metro board of directors for making anti-gay comments.

Robert J. Smith referred to gay men and lesbians as “sexual deviants” during an appearance on a Montgomery County cable access television program.

Miller said Panos’ appointment and Smith’s firing were “politically prudent” moves by Ehrlich. He noted that Ehrlich, who supports a constitutional amendment defining marriage as between a man and a woman, is looking to woo moderate voters.

“I think we’re seeing a revised Ehrlich until the election this fall,” Miller said. “I think our old friend will return to us if he should prevail in November.”

Furmansky said Ehrlich must do more if he wants ...