"Sexual orientation in my view is not a criteria for qualifying or disqualifying a judge," Allen said, according to the Richmond Times-Dispatch
. That won a rebuke from Marshall, who wanted a clear answer.
But Allen sought to balance his position and satisfy conservatives, saying he had discussed the nomination with state Delegate Mark Dudenhefer, and that he had "trust and respect" for Dudenhefer's decision to oppose Thorne-Begland.
Dudenhefer posted video
of his speech opposing Thorne-Begland on the floor of the House of Delegates. "I would say that at a time when [Thorne-Begland] swore an oath and allegiance, and he subjected himself to the uniform code of military justice and he gave up most of his First Amendment first speech rights -- that's right, he gave 'em up when he swore -- I'm not sure and can have no confidence that at a time of his choosing he will opt to also take a position that is against the laws of this commonwealth and our country. And therefore I will not voting for his nomination to a judgeship and I request my colleagues to follow the same," Dudenhefer says in the video.
Expect Democrats to mine Allen's association with the most conservative elements of Virginia's Republican Party in search of those sorts of nuggets.