Washington Blade - October 3, 2005
Lou Chibbaro Jr.

Miers' response to the questionnaire from the Lesbian/Gay Political Coalition of Dallas came 14 years before the same high court, to which she was nominated Monday by President Bush, struck down the Texas sodomy statute in its landmark Lawrence vs. Texas decision in 2003.

The questionnaire provides the first glimpse into Miers' views on gay rights during a week when officials with both liberal and conservative advocacy groups are scrambling to uncover her position on issues likely to come before the court.

The Dallas gay group sent its questionnaire to Miers in connection with her role as a candidate for an at-large seat on the Dallas City Council. Miers won her 1989 race for the non-partisan Council seat and later pushed through the Council the appointment of a gay attorney to an important city board. She chose not to seek re-election after completing a two-year term on the Council.

Louise Young, former co-chair of the Lesbian/Gay Political Coalition, released a copy of the questionnaire to the Human Rights Campaign, a national gay political group. HRC released a copy of the document to the Washington Blade.

Miers was 44 at the time she successfully ran for the Dallas City Council. She gave no direct indication in her questionnaire response about whether she believed that state sodomy laws banning sexual relations between consenting adults - either gay or straight - violated the U.S. Constitution's privacy right clause, as decided in the Lawrence case.

Sodomy laws remained on the books in only a handful of states, in addition to Texas, at the time the Supreme Court handed down the Lawrence decision.

"Do you, as an individual citizen, support repeal of Section 21.06 of the Texas Penal Code which criminalizes the private sexual behavior of consenting adult lesbians and gay men?" the questionnaire asked.

"No," replied Miers in a one-word answer.

Young noted that Miers gave supportive responses to other questions pertaining to gay rights and AIDS, leading members of the gay group to believe Miers was not a "right-wing ideologue" hostile to gays, despite her position on the sodomy law.

In response to the question, "Do you believe that gay men and lesbians should have the same civil rights as non-gay men and women?" Miers said, "Yes." Because the answer was brief and the question open-ended, it's not clear whether Miers supported gay rights as a general matter, or considered gay-specific civil rights protections to be "special rights," as conservatives have long argued.

Miers also stated on the questionnaire that she agreed with the gay group's position that the City of Dallas "has a responsibility to fund AIDS education and patient support services."

Asked if the city should increase its level of funding for AIDS services over and above the then level of $550,000 per year, Miers said, "Yes, assuming need and resources. I do consider the AIDS illness as a serious total community problem."

In response to a question asking if she believed "qualified gays or lesbians should be denied employment (including employment by the police and fire departments) by the City of Dallas solely because of sexual orientation," Miers said, "I believe that employees should be able to pick the best qualified person for any position to be filled considering all relevant factors."

Asked whether she would support a city ordinance to ban discrimination in housing and public accommodations based on HIV status and separate legislation banning employment discrimination based on race, religion, age, sex, or national origin (but not sexual orientation), she stated, "I prefer a legislative solution to the issues raised in these questions ... I do not have all the facts on the significance of these ordinances; however, I am willing to discuss the need and make an appropriate decision when fully advised."

Senate Majority Leader Bill Frist (R-Tenn.) said he would push for a Senate vote on Miers' nomination the week following the Thanksgiving holiday.

Several national gay groups said they would withhold judgment on Miers until they learn more about her legal views at her Senate confirmation hearing.

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