Gov. Peter Shumlin, D-Vt., nominated his general counsel Beth Robinson '86 to Vermont's Supreme Court last Tuesday, the Associated Press reported. Robinson, 46, an attorney who served on the legal team in the historic 1999 Baker v. Vermont case which resulted in Vermont's civil union law for gay couples, would be the youngest judge on the court if she replaces the retiring Justice Denise Johnson.
Since Democrats control two-thirds of the state Senate chamber, Robinson's confirmation within the Senate is "seen as assured," according to the Associated Press. Robinson can begin serving in the role immediately, but will still need to be confirmed by the state Senate when its legislative session reconvenes in December, according to Vermont Public Radio.
Shumlin's press secretary Sue Allen said Robinson and Shumlin have known each other "for quite some time" and that Shumlin expects her to serve well on the Vermont Supreme Court.
"[Shumlin] has absolute respect for her intelligence and for her knowledge of constitutional law, for her broad experience as an attorney of one of the leading firms in Vermont and for her groundbreaking work on civil rights in Vermont," Allen said.
Chair of the Vermont Democratic Party Jake Perkinson emphasized Robinson's experience "both as an attorney and as a legislative advisor to the governor," and said that he is confident Robinson has the "skills needed to serve on Vermont's highest court."
"Robinson enjoys an excellent reputation among the Vermont Bar, and we know that the longstanding commitment to equality for Vermonters will make her a fair and deliberative justice," Perkinson said. "We applaud the governor's appointment."
Allen said she could not predict how Robinson's position on the Vermont Supreme Court will affect the state's court system.
"[Robinson] is going to be brand new to the court, so it would be impossible to prejudge how she would decide different cases that came before her," Allen said. "We'll find that out over time as she sits on the court."
Robinson the co-founder of the non-profit Vermont Freedom to Marry backed a 2009 law that guaranteed full marriage opportunities for gay couples rather than just civil unions. The bill made Vermont the first state to offer full marriage to gay couples without a court order compelling it to do so, the Associated Press reported. Robinson participated in a civil union in August 2001.
Robinson was hesitant to discuss specific cases at a news conference held after the nomination announcement, but mentioned that Vermont made progress on the gay marriage issue in part because of the coordinated efforts of the three branches of government, according to the Associated Press.
"We talk a lot about the separation of powers as a fundamental constitutional principle, and I believe that," she said. "But I also came to experience first-hand the complete interdependence of our separate branches, and the importance of involving all of them in the conversations that we have about fundamental constitutional rights."
Rev. Craig Bensen, an opponent of same-sex marriage, expressed concerns about Shumlin and Robinson's close political alliance, the Associated Press reported.
"You can expect that when some poor Vermont business has to take a case based on some bathroom issue to the courts, something about who is bisexual or transgendered or feeling transgendered that day, it will end up in front of [the Supreme] Court, and you'll have a leading political advocate dispensing justice," Bensen said. "As an idealist, spoils and reward is a lousy way to pick justices for the Supreme Court."
Robinson said during the news conference that her previous work with Shumlin as general counsel would not affect her new duties as a judge. She also said that she would recuse herself from cases if necessary, the Associated Press reported.
Robinson graduated from the University of Chicago Law School in 1989. She later worked in private practice at the law firm Langrock, Sperry and Wool before serving as Shumlin's general counsel, according to the firm's website.
Robinson has remained active in the College, returning at various times to speak on panels and address students interested in lesbian, gay, bisexual and transgender issues. Robinson also co-taught a women and gender's studies and philosophy course, Sexuality, Identity and Legal Theory, with philosophy professor Susan Brison in Spring 2009. The "Beth Robinson '86 Emerging Leader Award," sponsored by the Office of Pluralism and Leadership, is given every year to an undergraduate student who has exerted leadership within the LGBT student community.
