Gay man confirmed to CA appellate court

by Cynthia Laird

D avid Rubin, a gay man and Superior Court judge in San Diego County, was unanimously confirmed and sworn in June 23 as a justice for the Fourth District Court of Appeal after a hearing by the state Commission on Judicial Appointments.

Governor Gavin Newsom nominated Rubin in March.

Rubin will serve on the Fourth District’s Division One, and he said after his swearing in that he would be the first LGBTQ person in that division. Justice Marsha Slough, a lesbian, was the first out appellate bench officer in the Fourth District, where she serves on Division Two, Rubin noted.

The hearing by the Commission on Judicial Appointments was chaired by California Supreme Court Chief Justice Patricia Guerrero and held at the Supreme Court building in San Francisco. She was joined by Attorney General Rob Bonta and Manuel A. Ramirez, presiding justice of the Fourth District’s Division Two.

Rubin, who was first elected to San Diego County Superior Court in 2006, began his tenure in 2007. He has presided over civil, criminal, and family court matters, speakers told the commission.

Maureen Hallahan, assistant presiding judge of the San Diego County Superior Court, told the commission she first met Rubin when she and Rubin’s husband, attorney Todd Stevens, met volunteering at an AIDS nonprofit. Rubin was the first openly gay deputy district attorney hired in San Diego County, she said, and he quickly grasped complex cases. Rubin and Hallahan worked in family law together once both became judges. Later, he was assigned to criminal cases, she explained. When the COVID pandemic hit in 2020, however, “he was the first to volunteer to hear family court cases.”

Associate Justice Douglas P. Miller, who sits on the Fourth District Court of Appeal, Division Two, told the commission he considers Rubin to be his best friend. They worked together on the California Judges

Association and Rubin served as president of the group from 20111012.

“He was the first and only openly gay president of CJA,” Miller said. “He’s a brilliant colleague and a true public servant.” Miller added that Rubin has an approach to solving problems whereby he’s “calm, patient, innovative, and resolute in knowing the goal.”

The third person to speak in support of Rubin was Judith D. McConnell, administrative presiding justice for the Fourth District’s Division One. She talked about Rubin’s background, including that he was born in the San Francisco Bay Area and experienced both antisemitism and homophobia.

McConnell said that Rubin “acknowledged being gay in college.”

After earning undergraduate degrees at UC Berkeley, Rubin earned his juris doctor degree from the University of San Francisco School of Law. While there, he also renewed the LGBTQ student group for law students.

“It’s important for appellate justices to be compassionate, show empathy, be intellectually disciplined, remain flexible, and be open to ideas and [have] a clear sense of justice,”

McConnell said. “Those are all qualities he has shown in trial court.”

In San Diego, Rubin has been involved with the Tom Homann LGBT Law Association.

Justin A. Palmer, chair of the State Bar Commission on Judicial Nominees Evaluation, said that after a review, Rubin was found to be “exceptionally well qualified” for the appellate bench.

Bonta asked Rubin about what he looked forward to and the challenges ahead in the new position after telling Rubin, “I love the commitment to marginalized communities.”

Rubin responded that he looks forward to continuing the work of research and writing, and now being able to look at it from an appellate perspective.

“I’m looking forward to the new adventure,” he said.

As for challenges, Rubin said he hopes to learn from his colleagues.

“It’s going to be a lot of hard work, but I don’t mind,” he said.

Rubin offered just a brief comment during the hearing: “I’m very humbled and honored to be here.”

However, during remarks after Guerrero swore him in, Rubin thanked the many people who have helped him, including Newsom, Luis Céspedes, Newsom’s judicial appointments secretary, and his staff.

“They have worked hard to create a bench that reflects California,” Rubin said.

Of the Tom Homann LGBT Law Association, Rubin noted that when it was formed “it was very difficult to be out.”

As he neared the end of his remarks, Rubin said he could feel tension in the audience because he had not yet mentioned his husband.

“I’m not Hilary Swank forgetting to thank Chad Lowe at the Oscars” he quipped, referring to 2000 when Swank, who won best actress for “Boys Don’t Cry,” a film about a trans man, neglected to acknowledge Lowe, her then-husband.

“I saved the best for last,” Rubin said, looking at Stevens, who was standing near him. “We’ve been together 33 years and I don’t have the words to express how much you mean to me.”

Referring to his hearing being held at the start of Pride weekend in San Francisco, Rubin said he attended his first LGBTQ Pride parade in 1982. He joked that he didn’t plan for his confirmation hearing to coincide with local Pride festivities.

“Happy Pride in San Francisco,” he said. “I didn’t set this up.”

Rubin fills the seat created by the retirement of Justice Cynthia G. Aaron. The compensation for each of the positions is $264,542. t

“After a year full of over 500 hateful anti-LGBTQ bills being introduced across the country, a year filled with violent rhetoric and attacks, marching in Pride felt incredibly cathartic, necessary, and in some ways revolutionary to be able to celebrate queer and trans joy amidst it all,” Mahogany stated. “I’m so grateful to be able to be here and be a part of this moment.”

The parade allowed the city’s queer community to flex its political muscle in more ways, too. The American Community Survey of the U.S. Census Bureau estimates 15.4% of San Francisco’s population is LGBTQ –the highest proportion in the country.

District 4 Supervisor Joel Engardio, who represents the Sunset and Outer Sunset neighborhoods on the city’s Board of Supervisors, is one of three gay men on the city’s legislative body. Last year, there was only one: District 8 Supervisor Rafael Mandelman, who represents the Castro.

“This parade was especially meaningful because not only was it my first as a city supervisor, I was able to share the experience with my husband. Not that long ago it seemed impossible that historically conservative western districts in San Francisco would ever elect an openly gay supervisor,” Engardio stated. “And not that long ago it was impossible for Lionel [Hsu] and I to be legally married husbands. So this march was a celebration of how far we have come. It was also a realization of how much work we still have to do to help trans people who are under threat and ensure the liberties LGBTQ people have gained remain for the next generation. Freedom is fragile and we must always be working to protect it.”

District 6 Supervisor Matt Dorsey, whose South of Market district runs along the parade route, told the B.A.R., “My thoughts on Pride, kudos to Su-

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“It’s important to note as well that we aren’t just running we are winning. We celebrated 10% LGBTQ+ representation in the state Capitol this year,” noted Eggman, the LGBTQ caucus chair, in an emailed reply to the B.A.R. “I think the reason we are winning more often than not is that LGBTQ+ elected officials have a track record of getting things done for every member of our constituencies, including individuals who work to deny us basic rights and dignity. Because we know the Gay Agenda is rooted in radical love for all people.”

Among the Legislative LGBTQ Caucus members seeking reelection next year are gay state Senator John Laird (D-Santa Cruz) and bisexual Assemblymember Alex Lee (D-San Jose). Also running for their current seats are gay Assemblymembers Evan Low (D-Cupertino), Rick Chavez Zbur (DWest Hollywood), Corey A. Jackson, Ph.D., (D-Perris), and Chris Ward (DSan Diego).

Gay state Senator Scott Wiener (DSan Francisco) has also pulled papers to run for reelection next year. But he is expected to seek to succeed Congressmember Nancy Pelosi (D-San Francisco) should she opt not to run again in 2024, and if that happens, it could lead to seeing one or two LGBTQ leaders in San Francisco launch legislative campaigns.

They are likely, though, to run to succeed Assemblymember Matt Haney (D-San Francisco). He is expected to run for Wiener’s Senate seat, as the B.A.R.’s Political Notebook column noted in early June, leaving his 17th Assembly District seat up for grabs. (As of now it does not appear an out candidate will seek next year to succeed termed out Democratic Assemblymember Phil Ting in San Francisco’s 19th Assembly District.)

When the B.A.R. spoke with Eggman last year about her taking over leader- zanne Ford and the team at SF Pride for an amazing parade and celebration.

Suzanne Ford, a trans woman, is the executive director of the San Francisco LGBT Pride Celebration Committee that puts on the parade and celebration.

“I’ve been marching in SF Pride parades since 1990, and it felt like there was a lot of great energy out there this year,” Dorsey added. “I was especially proud to take part in Rafael Mandelman’s contingent this year. Rafi is one of my dearest friends, and if there’s an opening in the state Legislature next year, I’m doing everything I can to encourage him to run for that. We’ll see how it goes, but it was certainly clear to me that there’s a lot of enthusiasm for Rafael in our community.” ship of the LGBTQ caucus, she had said recruiting out candidates was top of mind. Asked this month about the record number eyeing legislative seats in 2024, Eggman said she was “thrilled” that so many LGBTQ people were interested in seeking public office at a time when the LGBTQ community has come under increased attacks from Republican lawmakers and conservative groups.

As the B.A.R. has previously reported, depending on a number of factors, there may be an open San Francisco seat in the state Legislature. The political musical chairs would first be set off by Pelosi opting not to run for reelection next year. Gay state Senator Scott Wiener (D-San Francisco), who already has set up an exploratory committee to seek her House seat, would then officially jump into the race for Pelosi’s open 11th Congressional District seat.

As his current term in the Legislature is up next year, it would mean Wiener’s Senate District 11 seat would now be open in 2024. A likely candidate to succeed Wiener would be Assemblymember Matt Haney (D-San Francisco), who was just elected to his 17th Assembly District seat last year.

Were Haney to run for Senate, it would mean his Assembly seat would be up for grabs in 2024, as the elected position is on the ballot every two years. Jumping into the race would almost assuredly be Mandelman, now serving his final term on the Board of Supervisors.

“This has been a historic year for the LGBTQ+ community for better and worse. While we have seen a historic amount of attacks and violence to our community this year, our community has not been idle nor complacent in the face of this aggression. We have been busy,” stated Eggman. “I am thrilled to see a historic amount of out LGBTQ+ elected officials running for office. It used to be a huge lift to get one or two out candidates to run, and now we are looking at 24 amazing members of our community who have decided to lead with love and compassion.”

Trans, bi candidates

In recent interviews with the B.A.R. the two trans women seeking legislative seats in 2024 both said rather than being deterred by the rise in anti-trans political attacks, the pushback to trans rights has instead spurred them to stand for public office. Justine Gonzalez, who is also bisexual, is running for the open 52nd Assembly District seat in Los Angeles, while Palm Springs City Councilmember Lisa Middleton is seeking the open 19th Senate District seat.

Her colleague, bisexual Palm Springs City Councilmember Christy Holstege, is again seeking the 47th Assembly District seat after losing to the incumbent, Assemblymember Greg Wallis (R-Palm Springs), by 85 votes last November. She and Gonzalez are among the record number of bisexual candidates running in 2024.

Lee, whose election in 2020 marked the first time a bisexual legislator had joined the LGBTQ caucus, is seeking reelection to his 24th Assembly District seat that straddles Alameda and Santa Clara counties. Earlier this month he hosted a fundraiser in Los Angeles for 25th Senate District candidate Sasha Renée Pérez, vying to become the first bisexual elected to the Legislature’s upper chamber.

Two other bisexual candidates are running for Assembly seats. Dulce Vasquez, a Mexican immigrant, is seeking to represent the 57th Assembly District in Los Angeles. In Riverside County, Clarissa Cervantes, who also identifies as queer, is running to succeed her sister in the 58th Assembly District.

As for lesbian Assemblymember Sabrina Cervantes (D-Corona), she is seeking election to the 31st Senate District seat. Should the sisters both win their races, they would be the first set of out siblings to serve together in the Statehouse.

There are currently 10 legislative districts that include parts of Riverside County, with three now held by out legislators: Padilla, Cervantes, and Jackson. Come next year a majority, six, could be represented by LGBTQ leaders should Holstege, Middleton, and both Cervantes sisters be elected.

“I think, overall, what you will begin to see is we are respected in our own right for the heavy lifting we have been doing in our communities,” said Jackson of seeing LGBTQ candidates, and those who are also people of color, break through politically in a region of the state that has historically tended to elect Republicans. “Meaning if you look at the numbers of voters, none of us should have been elected if you look at the populations we represent. We found a way to do it somewhere that has been one of the top breeding grounds for conservatism or white supremacy. To see a majority of the ticket in Riverside County be LGBTQ people is something to take note of.”

Further west along the Southern California coastal region gay Lynwood City Councilmember José Luis Solache is running to succeed Assembly Speak- er Anthony Rendon (D-Lakewood), who is termed out of his District 62 seat, while gay veteran Joseph C. Rocha is vying to succeed Assemblymember Brian Maienschein (D-San Diego), who is termed out of his District 76 seat. Solache and Rocha lost their previous campaigns for legislative seats but are seen as stronger contenders in their respective races next year.

Southern California

Four other gay male candidates are running in Southern California for open seats. Alex Mohajer, profiled in this week’s Political Notebook column, is seeking the 17th Senate District seat. If elected, the Iranian Democratic Party leader would be the first LGBTQ state legislator from Orange County.

Running for Los Angeles County seats are Mark Gonzalez in Assembly District 54, Ari Ruiz in Assembly District 52, and Javier Hernandez in Assembly District 53, which stretches into San Bernardino County.

Bay Area

In the Bay Area three out candidates are looking to become the first LGBTQ lawmakers to represent East Bay counties. Gay former West Sacramento mayor Christopher Cabaldon is running for the open District 3 Senate seat that includes parts of the Bay Area counties of Contra Costa, Solano, Sonoma and Napa, as well as sections of Yolo and Sacramento counties.

Two queer women are seeking the East Bay’s open 7th Senate District seat that spans western Contra Costa and Alameda counties from Rodeo south to the San Leandro border. Former Richmond city councilmember Jovanka Beckles, now an elected member of the board that oversees the AC Transit public transportation agency, and California Labor Federation President Kathryn Lybarger, who lives with her wife in Berkeley, are among a number of Democrats in the race hoping to survive the 2024 primary to advance to the general election ballot in the fall.

Due to it being a presidential election year, the primary will take place Tuesday, March 5. Under California’s open primary system, the top two vote-getters regardless of party affiliation will move on to the November 5 election.

While the deadline for candidates to file for next year’s legislative races is in early December, the LGBTQ caucus has already endorsed nine of the out non-incumbent candidates running in 2024. Among the female candidates, they are the Cervantes sisters, Middleton, Holstege, and Pérez.

The out male candidates endorsed by the LGBTQ caucus, so far, are Solache, Rocha, Hernandez, and Cabaldon. The caucus isn’t expected to announce another round of endorsements for LGBTQ candidates until mid-July at the earliest.

“I am deeply honored and humbled to receive the endorsement of the CA State Legislative LGBTQ Caucus,” stated Cabaldon. “This endorsement is a testament to the collective strength and resilience of our LGBTQ+ community. In the face of escalating threats and hostility nationwide, it is clear that our fight for equality and justice is far from over.”

Gay Republican

So far the only gay GOPer running in 2024 that the B.A.R. is aware of is Anthony Macias, who plans to run against Senator Dave Cortese (D-San Jose) in the South Bay’s 15th Senate District. For years Macias has vied for legislative seats but has either failed to make the ballot or fallen short when he has due to running in predominantly Democratic-leaning districts.

A spokesperson for the LGBTQ caucus told the B.A.R. that it is unaware of any other LGBTQ candidates who have already launched legislative bids. One gay Democrat who had announced a state Senate bid in 2024 was Los Angeles resident Darryn Harris. But the Black political aide announced in May he was suspending his campaign for the 35th Senate District seatt t