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Judge Jerry Buchmeyer (1933-2009)

Jim Burroway

September 21st, 2009

buchmeyer_portrait2The Dallas Voice is reporting that Federal district court Judge Jerry Buchmeyer has passed away. Judge Buchmeyer declared Texas’ anti-sodomy law unconstitutional in 1982, writing, “Homosexuals are not ill or mentally diseased… Homosexuality is not communicable… There is simply no rational connection between the acts proscribed by [the law] and the claimed interests of morality, decency, health, welfare, safety and procreation.” Judge Buchmeyer’s ruling in Baker v. Wade was later overturned by the Fifth Circuit Court of Appeals. Texas’s anti-sodomy law remained on the books until 2003, when the U.S. Supreme Court overturned it in Lawrence v. Texas, a ruling that also swept away all other remaining anti-sodomy laws nationwide.

One of may notable points in Baker v. Wade is that Judge Buchmeyer had to deal with Paul Cameron, who was just starting out in his career as an “expert witness” on homosexuality. Let’s just say Judge Buchmeyer wasn’t impressed with Cameron’s professionalism. In his written opinion, Judge Buchmeyer condemned Cameron by name for having “himself made misrepresentations to this Court,” and called out two specific examples:

(i) his sworn statement that “homosexuals are approximately 43 times more apt to commit crimes than is the general population” is a total distortion of the Kinsey data upon which he relies–which, as is obvious to anyone who reads the report, concerns data from a non-representative sample of delinquent homosexuals (and Dr. Cameron compares this group to college and non-college heterosexuals);

(ii) his sworn statement that “homosexuals abuse children at a proportionately greater incident than do heterosexuals” is based upon the same distorted data–and, the Court notes, is directly contrary to other evidence presented at trial besides the testimony of Dr. Simon and Dr. Marmour. (553 F. Supp. 1121 at 1130 n.18.) n30

We have more details on those distortions here. Judge Buchmeyer’s smackdown stung Cameron, who is still complaining about it on his Family Research Institute web site nearly thirty years later.

Judge Buchmeyer was nominated by President Jimmy Carter as federal judge for the Northern District of Texas on August 3, 1979. He was confirmed by the U.S. Senate on October 4, and received his commission on October 5, 1979. He served as chief judge from 1995 until his retirement in 2002. According to Wikipedia, he was known around the courthouse as a Talking Heads fan, and after retirement he maintained a legal humor blog with the Texas Bar.

Comments

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paul j stein
September 21st, 2009 | LINK

Damn, that sucks! Common sense in TEXAS! Let’s hope he has some followers in TEXAS ready to take up where he left off.

Swampfox
September 21st, 2009 | LINK

I did not know about this little bit of gay history. I can only pray that he had happy and joyful life.

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