Molly Beck

Milwaukee Journal Sentinel

MADISON - State appeals court Judge Brian Hagedorn on Monday defended law school era blog posts characterizing the overturning of an anti-sodomy law as a basis to legalize bestiality and calling Planned Parenthood a wicked organization

Hagedorn, who is seeking a seat on the state Supreme Court, said criticism over the blog posts and calls for promises to recuse himself on cases involving Planned Parenthood and same-sex relationships are attacks on his evangelical Christian views.

"If you have ever been a Catholic or Christian of various stripes you’re going to get attacked for your faith," Hagedorn said in an interview with WTAQ's John Muir, a conservative radio show host. "I think it's unfortunate and that’s not the way things are supposed to be."

Critics and a law professor interviewed by the Journal Sentinel have said public posts from Supreme Court candidates communicating passionate and fundamental beliefs about issues that could come before the court may affect the public's perception of the court's impartiality.

Liberal-leaning critics also have called into question the views themselves, characterizing Hagedorn as "extreme" and "radical."

"Wisconsinites expect that their judges are impartial and fair," said Tyler Hendricks, a spokesman for his opponent, fellow appeals court Judge Lisa Neubauer. "Unfortunately, as made clear from these statements and from his record as Scott Walker's lawyer, Brian Hagedorn will bring his personal, extreme and radical agenda to the Supreme Court."

Hagedorn was appointed to the state appeals court in 2015 after working as former Gov. Scott Walker's legal counsel.

Defends his impartiality

Hagedorn did not on Monday directly address the issues raised in his law school blog posts, but said the criticism is an attack on his faith and that he has always set aside his personal views when hearing cases and will continue to do so if elected to the Supreme Court.

"Every single judge who puts on a robe has views about the world," Hagedorn said, promising to set them aside if elected. "I’m not running to impose whatever my viewpoints are."

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Hagedorn wrote in a 2005 post that he favored having someone who believes like him on the Supreme Court. He also wrote he believes "that Christianity is the correct religion, and that insofar as others contradict it, they are wrong."

When asked if he believed he would be under scrutiny for pro-Muslim comments, Hagedorn said news reporters apply a double standard to evangelical Christian views.

He also dismissed Journal Sentinel coverage of the blog posts, saying "the media really is terrible at often knowing the difference between law and politics."

The Journal Sentinel last week published a review of Hagedorn's blog posts from April 2005 to August 2006, which included passionate posts about issues related to abortion, homosexuality and his evolving views on race-related issues.

In one post, Hagedorn noted that he leaned in favor of thinking the U.S. Constitution does not block states from enacting affirmative action programs to address racial inequality.

In other posts, Hagedorn outlined why he hated Planned Parenthood and wrote about a dissenting opinion from former U.S. Supreme Court Justice Antonin Scalia in a 2003 ruling overturning an anti-sodomy law in Texas.

In his dissent, Scalia wrote, "State laws against bigamy, same-sex marriage, adult incest, prostitution, masturbation, adultery, fornication, bestiality, and obscenity are likewise sustainable only in light of (the anti-sodomy law's) validation of laws based on moral choices."

Scalia said, "Every single one of these laws is called into question by today's decision; the Court makes no effort to cabin the scope of its decision to exclude them from its holding."

In his blog post citing the ruling and Scalia's dissent, Hagedorn said, "The idea that homosexual behavior is different than bestiality as a constitutional matter is unjustifiable."

Democratic Party of Wisconsin spokeswoman Courtney Beyer released a statement following the interview, saying Hagedorn "is just another extreme partisan whose fringe, radical beliefs belong nowhere near our courts."

Hagedorn said Monday there's nothing wrong with a law student expressing personal views understanding he must set them aside once he becomes a judge.

Hagedorn, of Oconomowoc, was appointed by Walker to the appeals court in 2015 and was elected to a full term in 2017. He faces Neubauer in an April 2 election for a 10-year term on the Supreme Court.

Daniel Bice of the Milwaukee Journal Sentinel contributed to this report.