Jenkins says ‘here because of the struggle’ for gay rights

Gov. Gavin Newsom made history Monday by nominating Martin J. Jenkins, who would become the first openly gay justice to serve on the California Supreme Court if he is confirmed.

"There is a significant responsibility that comes with being a first," Jenkins said while appearing at a lunchtime news conference with Newsom.

Many in California legal circles have known for a while that Jenkins identifies as gay, but it was only recently he began speaking about it publicly.

Jenkins, 66, acknowledged his romantic partner by name and addressed some of his comments to young people "who might be struggling with their identity."

"I am not here in spite of the struggle. I'm here because of the struggle. It has deepened my character, afforded me sensibilities about the world and about people who are not so willing to accept that people can love differently than they do but nevertheless love sincerely and genuinely," he said.

Newsom connected the nomination to his decision in 2004 as San Francisco mayor to perform same-sex marriage ceremonies. This helped trigger a series of court cases that culminated in Obergefell v. Hodges, 576 U.S. 644, (2015), the U.S. Supreme Court decision that legalized same-sex marriage across the nation.

"I cannot tell you how important it is to have someone on the bench who is a living, breathing example of the idea that love means love," Newsom said.

If confirmed by the Commission on Judicial Appointments, Jenkins will replace Justice Ming W. Chin, who retired Aug. 31. Jenkins would be the third Black man to serve on the court.

Chin told the Daily Journal on Monday Jenkins will be "an absolutely terrific justice." He added, "It's been a long time coming. I cannot think of a better person."

Chin said about 14 candidates were considered. He noted that his career and Jenkins' careers have long run in parallel. His daughter, Jennifer Chin, clerked for Jenkins when he was on the federal bench.

"We went to the same law school," Chin said. "We were on the same trial court. We were actually on the same division on the Court of Appeal. I was there before him in all these places but Marty and I have been good friends for a long, long time."

Joseph W. Cotchett Jr., a partner with Cotchett Pitre & McCarthy LLP, has known Jenkins for years. He lauded the choice and contrasted it to another Catholic jurist, Amy Coney Barrett, who President Trump nominated to the U.S. Supreme Court. Cotchett noted their differing views on same-sex marriage and many other issues.

"How do two people see where our society is going in such different ways?" Cotchett asked.

Newsom's pick quickly sparked speculation about how long Jenkins would serve. He'll turn 67 next month and would immediately become the second oldest justice on the seven-member court. If Newsom wins reelection to another four-year term in 2022, Jenkins could serve until he is 73 and then step aside and give Newsom one more pick.

Jenkins has a long and exceptionally diverse tenure on the bench. He has served as a municipal, superior, state appellate and federal trial judge.

"I think I came to it with a pretty robust sense of what it takes to be a judge, having been one," Jenkins told the Daily Journal on Sunday. "But what I did learn is that there is an incredible, talent-rich pool of applicants that governors have to choose from."

Many had speculated that Newsom, and Gov. Jerry Brown before him, might appoint an LGBT justice. The names of two Brown appointees, 1st District Court of Appeal Division 1 Presiding Justice James M. Humes and 1st District Division 2 Justice Therese M. Stewart, were frequently mentioned.

Humes and Stewart have been open about their sexuality for years.

LGBT politicians and organizations embraced the choice. The news release from Newsom's office quoted Equality California Executive Director Rick Zbur praising Jenkins. Several gay California politicians also released statements supporting Newsom's choice, including Senate President Pro Tempore Toni Atkins, D-San Diego, Sen. Scott Wiener, D-San Francisco, and Assemblyman Todd Gloria, D-San Diego. Wiener and Gloria are chair and vice-chair, respectively, of the California Legislative LGBTQ Caucus.

The pick marks a significant change in philosophy from Newsom's predecessor. None of Brown's four recent choices had bench experience, and none were older than 45 when named. Jenkins spent nearly 30 years on the bench.

Brown's final choice was his own judicial appointments secretary, Joshua P. Groban. Like Groban, many say Jenkins is personable and is well-liked, and well-connected, within the wider state legal community.

"He's wise, scholarly and principled, and possesses more energy, charm and humor than any one individual has a right to," said Eric M. George, who has argued before the high court as a partner with Browne George Ross LLP. "He'll be both a phenomenal top court justice and colleague."

Jenkins was born and raised in San Francisco. He graduated from Santa Clara University, where he was a star defensive back on the football team before briefly playing professionally for the Seattle Seahawks. He graduated from the University of San Francisco School of Law with honors.

Frequent moves marked his early legal career. Jenkins jumped in two-year stints from law clerk to Alameda County deputy district attorney to the criminal section of the Civil Rights Division of the U.S. Department of Justice.

On Sunday night, Jenkins said civil rights work was meaningful for him. Much of it involved investigating and prosecuting instances of alleged excessive use of force by police officers and hate crimes against minorities. He said the work appealed to him because it allowed him to hone his trial court skills while handling significant cases across the nation.

After his mother was diagnosed with a serious illness, he moved back to San Francisco, serving as in-house counsel to Pacific Bell Telephone Co. for four years.

A lifelong Democrat, Jenkins has the distinction of having been appointed to the bench by three Republican governors. Gov. George Deukmejian named him to the Alameda County Municipal Court in 1987, while Gov. Pete Wilson elevated him to the superior court in 1992.

Gov. Arnold Schwarzenegger named him to the 1st District Court of Appeal in 2008.

"There were always two requirements for any job I sought," Jenkins said. "That I would grow in terms of the legal skills I would learn and that I would grow as a person."

President Bill Clinton nominated him to the U.S. Northern District of California in 1997, where he served for more than a decade.

Senior Northern District Judge Susan Y. Illston called him "a generous and caring human being." She praised him as a Renaissance man who, besides excelling as an athlete, plays the piano and is a fan of jazz.

"He's decisive," Illston said. "He's insightful, he's thoughtful. But he's not rude or abrupt at all. He's a very, very kind person."