Frequently Asked Questions About Fair and Impartial Courts
Click a question and jump to the answer below.
- What is judicial independence?
- What are checks and balances?
- Why do fair and impartial courts matter to LGBT communities?
- Shouldn’t a judge make rulings that the majority of the people agree with?
- What threatens LGBT access to the courts?
- Is this a partisan issue?
- What can be done?
What is judicial independence?
Judicial independence is the concept that the judiciary exists and acts without any undue influence from other governmental branches or outside interests. Judicial independence is essential to maintaining fair and impartial courts. Ideally, fair and impartial courts make unbiased decisions based upon the facts and the laws relevant to each case and without outside influences. Fair and impartial courts are an essential part of the “checks and balances” system of government that has worked well for hundreds of years.
What are checks and balances?
In the federal system of government, each branch of government (Legislative, Executive and Judicial) has some form of control over each of the other branches. The interactions based upon these overlapping responsibilities form the system of “checks and balances” and prevents one branch of government from being much stronger than the others. State governments also operate on a system of checks and balances with responsibilities and “checks” similar to the federal system outlined below.
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| Federal Branch of Government | Main Duty | Check by Executive Branch | Check by Judicial Branch |
|---|---|---|---|
| Legislative | Writes laws | Power to veto legislation | Power to declare laws unconstitutional |
| Executive | Enforces laws | Can override Executive’s veto Can reject judicial nominations | Power to declare acts of the Executive unconstitutional |
| Judicial | Upholds and protect constitutional laws/strikes down unconstitutional laws | Nominates federal judges | Confirms or rejects federal judicial nominations |
Why do fair and impartial courts matter to LGBT communities?
LGBT people and other minorities are often marginalized and disempowered by politicians or the majority and, therefore, must rely on the courts for fair treatment and protection. Courts are often the last resort, so it is imperative that the judicial system be accountable to the law and state and federal constitutions — not to politicians. Courts must be free to uphold constitutional principles of equality for LGBT people without bowing to the will of the majority.
Shouldn’t a judge make rulings that the majority of the people agree with?
No. In order to ensure that the courts remain a place where all people receive fair treatment, courts must make decisions based upon the law and constitution. It is the court’s job to uphold the federal and state constitutions and other laws while remaining free from any outside influences, including popular opinion.
What threatens LGBT access to the courts?
With an increase in public support for LGBT rights — like workplace protections, hate crime laws and marriage equality measures — comes an increase in the efforts of antigay organizations to block or reverse this progress.
Threats to judges over their decisions and rulings are a threat to everyone’s access to justice. When politicians and extremist organizations make such threats, they are trying to weaken the courts, our system of checks and balances, and thereby weaken everyone’s rights.
Powerful activists continue to push for constitutional amendments that would effectively eliminate the judiciary’s role in upholding individual rights. Altering federal or state constitutions would remove some of the last opportunities for LGBT persons to redress discrimination they face.
Is this a partisan issue?
It is clear that both major political parties understand the importance of judicial independence. However, as courts around the nation take steps to promote civil rights, whether it be by decriminalizing gay sexual conduct or recognizing LGBT people’s right to marriage, social conservatives aggressively pursue nominations and elections of judges who they think will back their political and ideological beliefs rather than focusing on the judges ability to render fair and impartial decisions
What can be done?
As a supporter of LGBT rights, become invested in the future of fair courts. Realize that you have the opportunity to help maintain an equitable system. By taking an active interest and researching the judges up for election or appointment in your area, you can become an invaluable resource in supporting fair and impartial judges. You can inform your community about possible threats to the judiciary by writing letters to local newspapers. And by contacting your elected representatives, you can demand that they appoint only those judges who have a record of making unbiased decisions.
Return to Action 1: Get Informed
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