October 13, 2020
Amy Coney Barrett Apologizes for Using the Term 'Sexual Preference' After Grilling by Sen. Hirono
READ TIME: 2 MIN.
One of the more dramatic moments at the confirmation hearings for Amy Coney Barrett came when Senator Mazie Hirono (D-Hawaii) hit hard on Barrett's views on the LGBTQ community, first questioning her on the use of the term "sexual preference," and then pointing out that her views would likely reflect those of the late justice Antony Scalia, who didn't believe in LGBT rights.
Barrett took some time during the next questioner, Senator Joni Ernst, (R-Iowa), to apologize for the use of the term.
"I certainly didn't mean and would never mean to use a term that would cause any offense in the LGBTQ community," Barrett said as reported by by NPR. "If I did, I greatly apologize for that. I simply meant to be referring to Obergefell's holding with regard to same-sex marriage."
The questions came when Barrett was asked about the possibility of overturning the 2015 decision in Obergefell v. Hodges, which granted marriage rights to same-sex couples.
"Not once but twice you used the term 'sexual preferences' to describe those in the LGBTQ community, Let me make clear, 'sexual preference' is an offensive and outdated term. It is used by anti-LGTBQ activists to suggest that sexual orientation is a choice," Hirono said.
She then steered her questions to Scalia's views on LGBTQ rights. "That sexual orientation is both a normal expression of human sexuality and immutable was a key part of the majority's opinion in Obergefell," Hirono said. "Which, by the way, Scalia did not agree with."
"Barrett also explained that she has declined to answer questions about her view on Obergefell for the same reason she has declined to comment on other court rulings," writes NPR.
"I was certainly not indicating disagreement with it," Barrett said. "The point of now answering was to simply say it was inappropriate for me to say a response."
