Lesbian DA Ends Campaign to Become JudgeAnne Marie Schubert

By Dan Aiello

Anne Marie Schubert, the conservative Sacramento County Deputy District Attorney who made headlines late last year when California's LGBT community learned she was the lesbian, domestically partnered sister of Proposition 8 mastermind Frank Schubert, has ended her conservative, law and order candidacy for Sacramento County Superior Court judge following a last-minute appointment by California's Governor.

Anne Marie Schubert quietly ended her campaign early February after Judge Ken Peterson's days-earlier-than-anticipated retirement gave Republican Governor Arnold Schwarzenegger the chance at another judicial appointment before leaving office at the end of the year.

By appointing Larry Brown of the U.S. Attorney's office, a UC Davis undergraduate and law school alum, Schwarzenegger eliminated what would have been Sacramento County's first open seat on its Superior Court bench in more than a dozen years, putting Schubert in the awkward position of running a successful campaign for a seat that would not be available again for three years.

"There are different ways to become judges, but probably 90 percent are by appointments," Schubert told the Outword. "It is very rare that a seat opens which is why I made the decision to run.  I love my job and I am very happy where I am," Schubert said, explaining why she did not plan to challenge Brown in the future.

In fact, Anne Marie Schubert could have suspended her campaign and preserved a warchest of more than $30,000, until 2013 when Brown will face his first election.

"I made the decision to return the money.  I could have kept it for a future campaign, something I chose not to do," the former candidate said, "it's just not my style," to challenge a sitting judge, and praised Brown, who will earn approximately $179,000 dollars.  Brown indicated a party affiliation of, "Decline to State, on his Sacramento voter registration card.

"Ultimately, I entered the race believing [Petersen's] seat would go to an election, he believed it would go to an election, too, but that's not how it worked out.  I would not say that I am disappointed because I love the job I have."

Anne Marie Schubert's brother, Proposition 8 mastermind and veteran political consultant, Frank Schubert, told Outword his sister, "was very gratified with all the support she received and I have certainly encouraged her to consider other opportunities that may come up in the future."

Frank Schubert has stated that despite his pivotal role in ending same-sex marriage in California, he supports his sister's registered Domestic Partnership with Julie Greenberg and says he loves both the couple and their two young children, "very much."

Dan Aiello is a Sacramento based freelance writer for the California Progress Report, where this article was originally printed, the Bay Area reporter and Outword.



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