Toronto lawyer David Corbett made a lifelong habit of pestering other gay lawyers to seek a judgeship to advance the cause of their community -- all to no avail.
"Then, they turned the table on me," he recalled yesterday. "They started saying: 'If it's such a good idea, why don't you do it?' "
So he did, making it perfectly clear in his application that he was gay.
Several days ago, he was given the word from the federal Department of Justice that he will soon be sworn in as Mr. Justice Corbett of the Ontario Superior Court -- making him apparently the first openly gay judge appointed to a superior court bench.
"It was fully my intention to be 'out' as a gay man," Judge Corbett said yesterday. "I don't believe in tokenism or appointing people who are not qualified just to make a point. But the point is, there are qualified people."
Judge Corbett said it bothered him that while there are a couple of openly gay judges on provincial-court benches, those at higher levels have kept their sexual orientation a secret.
It is primarily a "generational" thing, he said. Older judges tend to be intensely uncomfortable with the idea of coming out.
"If you began your career in the closet and went on to make your career in the closet, it becomes very difficult," Judge Corbett said. "The perceived emotional cost of being out is seen as very high.
"If people choose to live their lives in a particular way, I respect that," he added. "Unfortunately, this sends exactly the wrong message to junior members of our profession and the public generally -- that in order to succeed in our profession as a gay man or woman, you can't be yourself."
Judge Corbett said while his sexual orientation will play little role in his judging, it is symbolically important for the country to recognize that gay judges do exist.
A part-time law professor and civil litigator, he has made a career of fighting constitutional cases -- many of them involving equality rights. His most recent case is a lengthy trial involving plaintiffs who allege Ontario has failed to provide adequately for autistic children. (Colleagues have taken over.)
Judge Corbett belongs to gay organizations and speaks out for gay rights. Among his cases are a landmark one involving division of property in a same-sex relationship and the case of an Ontario youth whose high school prohibited him from bringing his boyfriend to his high school prom.
Coming on the heels of a major breakthrough in gay marriage, Judge Corbett said this was a particularly nice time to be appointed. "It's June, which is Gay Pride Month," he added. "There is some nice symbolism there. It has been a good month for our community."
Superior-court judges are appointed by the federal government after a committee of senior lawyers and jurists provides a list of candidates ranked as qualified, very qualified or not qualified.
Judge Corbett, 44, said that the federal and provincial governments have been very successful at finding qualified candidates who are women or members of visible minority communities. However, it has been an entirely different story for gays and lesbians.
While some young lawyers would be willing to let their sexual orientation be known, he said, the catch is that they tend to be insufficiently established to qualify for an appointment.
Will being gay affect his rulings?
"Your job as a judge is to decide impartially based on the law, and not to impose your own opinions.
"But does it inform my perspective on public policy issues? I think that inevitably, it will -- just as being a woman affects the perspective of women judges."