Interview with Judge David Young

AE: In what ways do you think the law most unfairly treats gay people?
DY: There are two clear answers to that in Florida. One is adoption. What kills me is I could file papers for couples to adopt a child, but I'm not allowed to adopt one myself.

The other one is the marriage thing. You know, that's discriminatory, plain and simple. I said to another judge when we were talking about the issue, “Let me ask you a question. What difference would it make in your life if Scott and I got married? Would you not be able to go to the movies? Would you not be able to be a judge? Would your husband not be able to practice medicine? Would it affect the way or the time you spend with your grandchildren? How will it affect you personally?” And she said, “I've never thought about it in those terms.” I said, “Well, you should.”

If you want less government – less government. Government has no business telling people they can or cannot get married. That's a religious thing. Strictly religion, religiously based.

AE: Were there any memorable gay cases you dealt with?
DY: I was a judge on South Beach and we had a lot of gay cases. Whenever I went to the gay Chamber of Commerce luncheons or dinners or parties, everyone always introduced themselves. And I said, well I'm Judge David Young and some of you know me here from corporate and that'll be our little secret. Because sometimes the boys were getting friendly in the park and getting arrested. Like the senator.

AE: Did you ever have a case with a gay teen and you had to try and reconcile them with the parents when you were a judge?
DY: Yes I did. A couple, actually. I had them when I was in juvenile court. There was this young man who got arrested several times in Flamingo Park and they brought him to me and we had a long conversation.

I'm gay, I said, and look where I am. I'm a judge. I asked what are you going to do with your life? Are you going to keep hanging out in the park? Are you going to have unsafe sex? Are you going to get HIV? I said let me tell you what it's like to die from AIDS and HIV. My cousin died from HIV and AIDS and she was a 26-year old Jewish girl, from an upper-middle class family. It could happen to anyone. I said you've got to get yourself back into school and you've gotta do X, Y, and Z and you've gotta start, you know, being responsible.

And the mother was crying, but she said, “I love my child and I want to be there for my child.” So I got them into family counseling and I hope everything is fine with them. That's several years [ago].

AE: Did voters know you were gay when you ran for reelection?
DY: Not an issue. As a matter of fact, when my partner Scott ran for election, he ran as an openly gay man, of course, and he was outed in the Herald. He was never in the closet to begin with, but the Herald ran a story on his sexual orientation with me in the story about a week before qualifying.

Some homophobic bigot almost ran against him, but it didn't happen. But Scott's fundraising doubled overnight because people were so outraged that the Herald would even mention Scott's orientation. In Florida, you're not allowed to mention race, gender or sexual orientation in any judicial campaign ads. If you do that, you can get thrown off the bench. In that vein, Florida is very progressive.

AE: Who is your favorite and least favorite current Supreme Court justice?
DY: My favorite Supreme Court Justice? Can I put Sandra Day O'Connor in there?

AE: Sure.
DY: Her. And the reason why is because I know her. I had lunch with about three months ago, and she was so charming – she was terrific. She asked about how Scott and I met. We had a frank conversation about some of the members of the Court, and about some of the rulings that the Court has made, some that she disagreed with. She was a true person, a regular person, so I think Justice O'Connor is wonderful.

And my least favorite would have to be Scalia because I think he has ethical lapses in judgment. I mean he sat on a case involving Dick Cheney right after he went hunting with Dick Cheney – talk about a conflict of interest. I disagree with him 180 degrees from his philosophy, but that's irrelevant. Because justices can have different philosophies, but when you breach that ethical bound, that ethical duty that judges owe, I'm sorry, but there's no forgiving on that.

AE: You've said before you always wanted to be an entertainer. What's next for you then? An action movie? Broadway musical?
DY: Broadway, Broadway, I see it now! (singing) I would like to play Nathan Detroit in Guys and Dolls.

AE: That's your dream role?
DY: Yes. That and Gypsy are my two favorite musicals.

Judge David Young premieres on September 10, 2007. Check your local listings for times and stations.