Advertisement - Click to support our sponsors.
Foley confirmed Among Dan Foley's role models are three who have worn the black robes while sitting on the highest court in the land.
despite opposition
His representation of plaintiffs
in the bid to legalize same-sex
marriage draws protesters
By Crystal Kua
Star-BulletinOne was John Marshall, an early U.S. Supreme Court chief justice, whose decisions were described as clearly written and understood.
Another was Thurgood Marshall, who fought against racial discrimination before getting the nod to the high court at the height of the civil rights movement.
And finally, Ruth Bader Ginsburg, seated on the current court, who Foley believes has made a successful transition from advocate to jurist.
But opposition at Foley's confirmation hearing yesterday at the state Capitol on his nomination to the state Intermediate Court of Appeals appears similar to what Thurgood Marshall faced on his way to the Supreme Court, a supporter said.
"He argued a lot of civil rights cases. ... They were not popular positions," fellow attorney Keith Kiuchi said. "They were positions that needed to be taken and he advocated the positions well and he served his country very well as a Supreme Court justice."
Even though Foley won the approval of the Senate Judiciary Committee by a vote of 6-1, the civil-rights attorney who represented three gay couples in a nine-year battle to legalize same-sex marriage yesterday faced the same formidable opposition that prevented homosexual marriages from becoming legal.
"A judge needs to be fair and open-minded even with those he disagrees with. Mr. Foley is not such a man," said Mike Gabbard of the Alliance for Traditional Marriage and Values. "There is a very real danger that he will use his new, powerful position to further the radical homosexual agenda in the area of marriage laws and in our educational institutions."
Gabbard's organization rallied against Foley's nomination with about 75 protesters holding signs and chanting, "No Foley, no" from outside the room where the committee was meeting.
"We are deeply concerned about Mr. Foley's willingness to set aside his legal crusades and agenda to administer justice in an even-handed way," said Leon Siu of the Christian Voice of Hawaii.
But not all conservatives were against Foley. Former U.S. Attorney Dan Bent said Foley is not "a knee-jerk liberal" and is someone with an open mind.
Support came from legal groups and individual attorneys who said he was one of the top constitutional-law attorneys in the state. Among supporters were one-time opponents in court.
Former state Deputy Attorney Tom Farrell, who was opposing counsel in prisoner-rights cases brought by Foley, said "He's been willing to take the cases that other lawyers have been afraid to take and he has invariably done a superb job. Not everybody has appreciated that, of course -- some of them are standing outside today."
Foley's appointment is one of four that the full Senate will vote on today. Sen. Matt Matsunaga, co-chairman of the committee, said there may be a handful of senators voting against Foley's nomination but there aren't enough to block his confirmation.
Also winning committee approvals were David W. Lo to the Honolulu District Court bench, Clifford Liwai Nakea to the Kauai Circuit Court and Derrick Chan to the Oahu Circuit Court.