Fifth Circuit Won't Force Judge Off Transgender Woman's Case for Alleged Anti-LGBTQ Bias
A transgender woman claimed Judge Brantley Starr is biased against her based on his involvement in previous litigation and public comments.
December 19, 2019 at 02:59 PM
2 minute read
The original version of this story was published on Texas Lawyer
Brantley Starr testifies before the Senate Judiciary Committee during his confirmation hearing to be U.S. district judge for the Northern District of Texas, on April 10. Photo: Diego M. Radzinschi/ALM
A federal appeals court has refused to remove a trial judge from a transgender woman's case for his alleged anti-LGBTQ bias.
The panel's one-page order gave no explanation for its decision in rejecting a writ of mandamus filed by attorney Scott Palmer on behalf of Valerie Jackson. Jackson, a transgender woman, wanted to force U.S. District Judge Brantley Starr of the Northern District of Texas off her case, claiming he was biased against her.
Starr, a former deputy first assistant state attorney general, refused to recuse Nov. 22, prompting Jackson's writ of mandamus to the U.S. Court of Appeals for the Fifth Circuit. The panel was composed of Judges James Dennis, Jennifer Elrod and Stuart Duncan.
Jackson asked the panel to force the judge's removal from her case, claiming Starr is biased against her due to his involvement in a previous Texas lawsuit challenging an Obama administration directive allowing transgender students in public schools to use a bathroom that matches their gender identity. Jackson also claimed Starr participated in a 2015 panel discussion where he defended the right of county clerks to delegate their duties if handling a same-sex marriage that they oppose on religious grounds.
"Given that Judge Starr has fervently fought against equal rights for members of the LGBTQ community, and specifically transgender individuals, a clear bias/prejudice exists against [Jackson]," her petition said.
Jackson's underlying lawsuit alleging her constitutional rights were violated claims Dallas County Jail staff forced her to expose her genitals to confirm her gender after she was arrested and charged with bringing a gun into a prohibited place. Jackson, who is legally identified as a woman on her driver's license, was then placed with the male detainees.
Jackson claimed she forgot to remove a gun from her bag before going to the airport.
Starr is a former clerk for ex-Texas Supreme Court Justice Don Willett, who is now on the Fifth Circuit, and previously worked at King & Spalding. He was confirmed to the bench in July.
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