Malloy nominates first openly gay state chief justice

HARTFORD — First, he flew the rainbow flag over the Governor’s Residence.

Then Connecticut’s Dannel P. Malloy clashed with his Indiana and North Carolina gubernatorial counterparts, one of them being Mike Pence, over their states’ religious freedom and bathroom laws.

Now, the Malloy doctrine on LGBT rights has another cornerstone — appointing the nation’s first openly gay chief state Supreme Court chief justice, Andrew J. McDonald.

The governor revealed plans Monday to nominate his longtime Stamford ally and friend to succeed retiring Chief Justice Chase T. Rogers on the seven-member court. The choice of McDonald, a former state senator and one-time general counsel to the governor, is subject to legislative approval.

McDonald, 51, has been an associate justice since 2013, the second of seven state Supreme Court picks by Malloy. Five of the current seven justices are Malloy appointees, a number that could grow to six if McDonald is confirmed.

The historical significance of his rise in the judicial branch was not lost on McDonald, who resides in Stamford with his husband, Charles Gray.

“When I was born here in Connecticut, a little more than 50 years ago, loving relationships like the one Charles and I cherish were criminal in 49 states, including Connecticut,” McDonald said. “And when I came out in the early 1990s, I had family members who loved me counsel me against pursuing either a career in law or public service because of deeply ingrained prejudices held by some people. But now, because of changes brought about by the evolving understanding of people, new statutes passed by legislators and important court cases — indeed, by the rule of law — this day was made possible.”

The governor characterized McDonald, a former corporation counsel for the city of Stamford when Malloy was mayor, as a revered jurist.

“He has a deep understanding of the role and the impact that the justice system has on the everyday lives of Connecticut residents, and the value of ensuring equality and fairness through the court’s many responsibilities,” Malloy said.

The emergence of McDonald as the new face of the scales of justice in the state was not without controversy, however.

Republican gubernatorial candidate Tim Herbst, the former Trumbull first selectman, criticized the pick as political and said McDonald has tried to legislate from the bench. When Malloy was sworn in to a second term as governor in 2015, it was McDonald who administered the oath of office.

“The interpretation of our laws should always remain blind to the influence of politics or even the appearance of influence, and that is why I am calling on legislators, of both parties, to support a different nominee for chief justice,” Herbst said. “Justice McDonald’s record demonstrates a propensity for taking positions that have been deemed to be unconstitutional, and in some instances, positions that have been influenced by personal and political opinions that are in contravention to the law.”

Herbst said McDonald sided with the majority when the state Supreme Court ruled Connecticut’s death penalty law unconstitutional in 2015 by a 4-3 vote. The law had repealed capital punishment for those convicted of the most violent crimes after its passage in 2012, but did not apply to those already on death row.

The court’s majority ruled that there could not be two levels of justice.

“McDonald was the deciding justice in State vs. Santiago, which disregarded the intent of the legislature and the people of Connecticut by allowing the perpetrators of the gruesome Cheshire home invasion to escape the death penalty,” Herbst said.

No timetable has been set for McDonald’s confirmation hearing before the Legislature’s Judiciary Committee, a panel he once headed as a member of the General Assembly. The committee’s co-chairman is fellow Stamford Democrat William Tong, who is exploring a run for state attorney general.

“I see it as a landmark moment for our state for equality and civil rights,” Tong said of the choice of McDonald. “This nomination has nothing to do with one person. It has to do with breaking down an unjust barrier that has been there for a long time, and it’s a proud moment for our state.”

When McDonald was appointed by Malloy to the bench, there were just seven LGBT justices in the nation. The one-time Stamford Board of Finance chairman appears to have support on the other side of the aisle.

“Andrew McDonald will be a fair, balanced and transparent chief justice,” said Republican state Rep. Livvy Floren, who represents parts of Stamford and Greenwich. “I have known Andrew as a colleague in Stamford and in the General Assembly and as a friend. He is a consummate professional with impeccable credentials — as a lawyer, legislator, and jurist. This is a great day for Andrew and for the people of Connecticut.”

McDonald