As with every modern federal judicial nominee from both parties, Judge Amy Coney Barrett repeatedly declined on Tuesday to give her direct opinion on specific legal matters that could come before the court — a norm sometimes referred to as the "Ginsburg Rule." On a string of hot-button issues, from abortion to gun control to the constitutionality of the Affordable Care Act, Barrett said again and again and again that she cannot talk about her opinions or future rulings for the sake of preserving judicial independence.
But Barrett, a self-described originalist in the mold of the late Justice Antonin Scalia, is broadly understood to be a staunch conservative who will be a free vote for Republican policy goals on the bench — and during questioning on LGBTQ rights from Sen. Dianne Feinstein (D-CA), one simple phrase she uttered offered a window into her personal bias.
Asked by Feinstein if she agreed with Scalia’s criticism of same sex marriage ruling, Barrett says: “I’m not going… https://t.co/lXKTKxgjtI— Manu Raju (@Manu Raju)1602597711.0
"Sexual preference" is broadly considered to be an outdated and inaccurate description of LGBTQ status, as it implies sexual attraction is something people can choose or control. And many commenters on social media were quick to point out her slip-up.
IMPORTANT: Barrett used "sexual preference" (not "sexual orientation") when discussing her views on marriage equal… https://t.co/IxhKzKI4QE— Lambda Legal (@Lambda Legal)1602598310.0
The correct term is sexual orientation. "Sexual preference" is a term often used by anti-LGBTQ activists to imply t… https://t.co/TEbAA5GApw— GLAAD (@GLAAD)1602598305.0
“Sexual preference.” she’s a federal judge and she has no idea that that term went out of date 10+ years ago.— John Aravosis 🇺🇸🇬🇷🏳️🌈 (@John Aravosis 🇺🇸🇬🇷🏳️🌈)1602597609.0
Calling it "Sexual preference" is a homophobic way of insinuating that gay people choose to be gay versus being bor… https://t.co/ZpLp68eCBW— Red (@Red)1602598096.0
Right: “Sexual preference” the kind of language used by Alliance Defending Freedom, a law firm that opposes equal r… https://t.co/Q9MQQGVbHK— Mark Joseph Stern (@Mark Joseph Stern)1602599252.0
"Sexual preference," a term used by Justice Barrett, is offensive and outdated. The term implies sexuality is a cho… https://t.co/j2lac8hwI6— Kyle Griffin (@Kyle Griffin)1602598537.0
Judge Barrett is refusing to answer whether she agrees with Scalia's opposition to same sex marriage and LGBTQ comm… https://t.co/NDihAjA2Tt— Yamiche Alcindor (@Yamiche Alcindor)1602597979.0
"I have never discriminated on the basis of sexual preference and would never discriminate on the basis of sexual p… https://t.co/DEh7jckSiA— Jill Filipovic (@Jill Filipovic)1602597691.0
I am not surprised that ACB used the language of “sexual preference”. She is a right-wing ideologue and we know whe… https://t.co/4DXjpGxGsB— Chase Strangio (@Chase Strangio)1602599606.0
Watching Amy Coney Barrett sit here and lie for hours on end is not easy. Especially when she refers to things like… https://t.co/MiZR2Zu5Ec— Gregg Housh (@Gregg Housh)1602599362.0
Amy Coney Barrett referred to being gay as a sexual “preference.” This is code language used to strip LGBT people… https://t.co/iiWEUGg8Kv— Michael J. Stern (@Michael J. Stern)1602598541.0
Barrett used the term "sexual preference,” the big tell that she believes homosexuality is a “choice.” Which mean… https://t.co/yp0BnLbl9V— Michelangelo Signorile (@Michelangelo Signorile)1602598236.0