On diversity and the judiciary
I read this article about how grossly unrepresentative the judiciary is and I'm having a think
I am torn. Which seems odd. After all, the judiciary is grossly unrepresentative. It is extremely white, extremely male and, (though not mentioned by the article since we often fall through the cracks when discussing discrimination and representation) extremely straight as well as being overwhelmingly cis and able bodied..
Until relatively recently, to be a judge you had to be married. Sound bemusing? It was a rule brought in in the 1970s to expressly prevent gay people becoming judges. It was openly admitted that that was the reason for the rule.
When I left law school, the judiciary wasn't on my mind. In fact when I went to law school I knew it would be impossible. I also chose my law school on the understanding that I wouldn't be a judge and I would have little chance becoming a barrister if I wanted to be an openly gay man. I cynically - and realistically - assumed these doors would be closed and didn't try waste my time dragging at a locked door that would be so unlikely to open for me.
There have only ever been 2 openly gay judges in the High Court. One of whom has now moved off to the various echelons of EU law.
And we know that because of the various blinkers of privilege, this nearly all super-privileged judiciary is going to have big freaking holes in their understanding. We've seen in decisions and in processes that marginalised people of all stripes tend to get a rawer deal in the courts than the privileged, ye gods we know that.
So, why am I torn?
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I am torn. Which seems odd. After all, the judiciary is grossly unrepresentative. It is extremely white, extremely male and, (though not mentioned by the article since we often fall through the cracks when discussing discrimination and representation) extremely straight as well as being overwhelmingly cis and able bodied..
Until relatively recently, to be a judge you had to be married. Sound bemusing? It was a rule brought in in the 1970s to expressly prevent gay people becoming judges. It was openly admitted that that was the reason for the rule.
When I left law school, the judiciary wasn't on my mind. In fact when I went to law school I knew it would be impossible. I also chose my law school on the understanding that I wouldn't be a judge and I would have little chance becoming a barrister if I wanted to be an openly gay man. I cynically - and realistically - assumed these doors would be closed and didn't try waste my time dragging at a locked door that would be so unlikely to open for me.
There have only ever been 2 openly gay judges in the High Court. One of whom has now moved off to the various echelons of EU law.
And we know that because of the various blinkers of privilege, this nearly all super-privileged judiciary is going to have big freaking holes in their understanding. We've seen in decisions and in processes that marginalised people of all stripes tend to get a rawer deal in the courts than the privileged, ye gods we know that.
So, why am I torn?
read more