With Ketanji Brown Jackson’s Appointment to SCOTUS, Could an LGBTQ Justice Be Next?
Judge Ketanji Brown Jackson is officially the newest member of the United States Supreme Court.
Jackson became the 116th member of the Court Thursday, June 30, at noon, following the official retirement of Justice Stephen Breyer. Her appointment came after tense confirmation hearings in April. With her appointment, confirmation, and swearing-in, Jackson is the first Black woman to sit on the country’s highest court.
This moment, said Judge Shannon Frison, is long overdue.
“Ketanji's appointment just serves as another example of how long it takes for this country to really embrace diversity and to utilize the wealth of skill and knowledge held by underrepresented people,” Frison, associate justice for the Massachusetts Superior Courts, told The Reckoning. “We finally have to come to grips with how segregated our industries are in this country. Underrepresented people are now at least getting a chance to serve in larger ways.”
Frison knows Jackson personally.
Justice Ketanji Brown Jackson and Judge Shannon Frison
“Justice Brown Jackson is my classmate from Harvard, class of '92. The Black community is very tight and vibrant at Harvard,” she said. “So, we were in Harvard Black Law Students Association (BLSA) together, we partied together, she was a vital part of our community. I am so proud of her.”
Frison is no stranger to historic moments herself. In 2009, Governor Deval Patrick appointed her to Boston’s Municipal Court. Three years later, Patrick would nominate her to the Massachusetts Superior Courts. She was confirmed in 2013. At the time of her confirmation, Frison was the youngest, the only African American, and the only African American lesbian appointed to Massachusetts’ high court.
Being the youngest appointee on her first appointment to the Boston Municipal Court, then still being the youngest judge on the Superior Court, has been exciting, she said. But at present, there are only two Black justices on the Superior Court—Frison and Judge William White Jr. She is working hard to change that.
“All types of diversity, including LGBTQ diversity, helps the court - and thereby helps the people we serve.”
- Judge Shannon Frison
“All types of diversity, including LGBTQ diversity, helps the court - and thereby helps the people we serve. If we continue to have the same model of a judge on the bench as days of old (straight, white, male, old), we will get the same disparate outcomes that we have now.”
A year ago, Frison made headlines when a photo of her showing her skeletal tattoo sleeve while dressed in her judicial garb went viral. Many criticized her for “not looking the part,” but Frison took the opportunity to speak out against implicit bias and the importance of authenticity in the workplace.
Jackson’s appointment, said Frison, is a hallmark accomplishment.
“It has great meaning to have someone there who represents us as Black folks, as thinkers, as women, and as GenX, but also her effect on the Court will be very positive,” Frison said. “She is a true jurist who loves the law and loves America.”
Judge Greg Yorgey-Girdy agrees. He believes the appointment of Justice Jackson is important because of what she will bring to the Court. He also adds that she is more than qualified.
“And we need more people in important positions who are qualified,” he told The Reckoning.
She represents a population that has been underserved for many years. Not only that, he said, she carries with her perspective.
“Perspectives that not many on that court, or across this country, possess or are capable of possessing,” he said. “Having her at the table during these polarized times will speak volumes.”
LGBTQ Diversity On The Bench
Yorgey-Girdy is also no stranger to historic moments. In 2021, he was elected to the First Judicial District of Pennsylvania, making him the first openly gay Black judge. He ran, he said, because as a father of two Black adopted sons, he wanted to be in a position where he could affect change, one moment at a time.
“People wanted to make it about me being the first openly gay person of color in Pennsylvania to sit on the court. But, I was more concerned about altering a narrative that Black skin is dangerous,” he said. “I was more concerned about being in a position to make rulings and judgments that will benefit the whole country. That is how we start to make change.”
Yorgey-Girdy was sworn in a few weeks after Jackson was confirmed by the Senate. He thinks back to how she was treated during her hearings. Brutal is the best way he can describe the line of questioning she received. He can relate to the sentiments of frustration and anger many expressed following her hearings.
“People wanted to make it about me being the first openly gay person of color in Pennsylvania to sit on the court. But, I was more concerned about altering a narrative that Black skin is dangerous".
- Judge Greg Yorgey-Girdy
Her hearings and the questioning remind him of a moment during his campaign. Someone asked him, “If you are elected, which will you favor? Black or gay?”
“For some, they are so afraid of what will happen to them when others obtain a certain amount of access, influence, or even power/control. I do not get to walk into a room and choose which I am first,” he said. “I can't pick and choose. It does not escape me.”
And as someone whose family was created through the courts—he and his husband, Paul, have a total of three adopted children — the court system is incredibly important to him.
“I understand the challenges and how to face them. I try to uplift people whenever I can. I try to be aware, conscious, of my biases and empathetic to people,” he said. “Being Black and gay, I know how to advocate for diversity. My background, my struggles, my adversities, have all prepared me for it.”
“Being Black and gay, I know how to advocate for diversity. My background, my struggles, my adversities, have all prepared me for it.”
- Judge Greg Yorgey-Girdy
While their appointments and elections are historic, Frison and Yorgey-Girdy aren’t completely alone. There are other openly Black gay judges in the country, including Judge Martin Jenkins, who sits on the California Supreme Court, Judge Darrin P. Gayles, who serves the U.S. District Court for the Southern District of Florida, and Washington State Supreme Court Judge Grace Helen Whitener. Frison and Yorgey-Girdy are convinced the Supreme Court will one day have an openly gay member.
“It will happen. Rest assured it will happen. And it will happen sooner than later,” said Yorgey-Girdy. “If it would happen right now, I do not think they would be a person of color. But I do believe in the next five to ten years, I really do think it will happen. “
Frison agrees.
“Absolutely. There will be an LGBTQ appointment to the Supreme Court. It is long overdue,” she said. “I predict that the future of the Supreme Court will be as diverse as the country is. Finally!”
“The policies handed down by the Court can touch every single life in the United States. And every person here should be making it their business to have a say in who is making those policies and decisions.”
- Judge Shannon Frison
And as for the recent decision of the Supreme Court to interrupt 50 years of precedence with the striking of Roe v. Wade, Yorgey-Girdy encourages everyone to exercise their right to vote.
Frison does as well, adding that the overturning of Roe is very significant to our collective understanding of due process, human rights, and federalism.
“As a government major and a jurist, these topics are near to my heart,” she said. “Every person eligible to vote should be participating at all levels of elections with a view towards building leadership that is responsible, careful, and trusted. The policies handed down by the Court can touch every single life in the United States. And every person here should be making it their business to have a say in who is making those policies and decisions.”
Mashaun D. Simon is an equity and inclusion advocate who centers his preaching, writing, and scholarship on cultural competency, identity, and equity.
He has written for NBC News and the Atlanta Daily World, the Atlanta Journal-Constitution, Black Enterprise, Bloomberg News, TheGrio.com, Ebony Magazine, BelieveOutLoud.com, and Essence Magazine. He has also created and managed cultural competency and affirmative action programming and training and in 2018, Mashaun organized and facilitated Kennesaw State University’s Faith and Sexuality Symposium on behalf of KSU’s Presidential Commission for LGBT Initiatives. In 2021, Mashaun was selected as a member of the inaugural cohort of the Rising Leaders Fellowship.
He holds a professional writing degree from Georgia Perimeter College, a Bachelor of Science in Communications from Kennesaw State University, and a Master of Divinity from Emory University's Candler School of Theology.