Attorney Howard Nielson has argued that same-sex couples should not have the right to marry because marriage should be reserved for couples who will procreate – produce children. He’s argued that same-sex couples would not be capable parents. He argued in defense of California’s Prop 8. And he’s argued that the judge who decided California’s Prop 8 was unconstitutional was not capable of delivering an impartial ruling because he is gay and in a committed, long-term same-sex relationship.

Nielson has also argued against equal opportunity and affirmative action, argued that the Affordable Care Act is unconstitutional, argued to uphold laws designed to make it even harder for women to obtain an abortion, and argued against common-sense gun laws designed to increase public safety.

ADVERTISEMENT

He has even defended torture and defended one of the authors of the infamous “torture memos” that President George W. Bush used to order the infliction of so-called “enhanced interrogation techniques,” including waterboarding, which is an international war crime. His remarks, (and his own “torture memo,”) in defense of his then-colleague were in support of the argument allowing torture.

All that’s just for starters.

Federal judges, and even the U.S. Supreme Court, have handed down rulings in opposition to the arguments he has made.

Lambda Legal produced this video in opposition to Nielson’s nomination last year:



On Tuesday all U.S. Senate Republicans (except Sen. Susan Collins) voted 52-47 to invoke cloture – end debate to allow a vote – on the nomination of Howard Nielson to become a United States District Judge of the United States District Court for the District of Utah.

52-47 #Senate INVOKED cloture on nomination of Howard Nielson, Jr. to be U.S. District Judge for the District of Utah. Senator Collins joined Democrats and voted no. Senator Bennett did not vote. — Senate Press Gallery (@SenatePress) May 21, 2019

ADVERTISEMENT

The full Senate will vote on Nielson’s nomination shortly. He is expected to be confirmed.