The Right Honourable Lord Justice Fulford
Sir Adrian Fulford entered the judiciary in 1995 as a Recorder of the Crown Court. He initially applied for a role as an assistant Recorder in 1994 and this was believed to be the first time the Lord Chancellor’s Department had encountered an applicant who was openly gay. He was appointed a High Court Judge in 2002 and has enjoyed a lengthy career sitting as a Judge for the International Criminal Court, Lord Justice of Appeal, was the first Investigatory Powers Commissioner and most recently he became Vice-President of the Court of Appeals (Criminal Division).
In 2009, Sir Adrian spoke to the South Eastern Circuit during a session on “Against the Odds: A celebration of equality and diversity” where he touched on the problematic attitudes, he encountered on applying to join the profession back in the 1990s and how he felt things had changed to date.
“My personal experience has been that times really do change – indeed at an accelerating rate, and I urge you not to give up and tell your friends not to give up . . . and you will ensure that the judiciary is truly open to all those who, on merit alone, deserve to be appointed” (4).
The Right Honourable Lord Etherton
Sir Terence Etherton entered the judiciary as a High Court Judge (Chancery Division) in 2001, having been a Queen’s Counsel since 1990. Going from strength to strength, he was appointed Chairman of the Law Commission in 2006, the group responsible for recommending reform of the law. He became a Lord Justice of Appeal in 2008, the Chancellor of the High Court in 2013 and then in 2016, Sir Terence was appointed to the second most senior Judicial position in the England, the Master of the Rolls. After a remarkable 47-year career in the law, Sir Terence retired as the Master of the Rolls in January 2021 and fittingly, the event was marked by him becoming a crossbench life peer in the 2020 Political Peerages. He is now Baron Etherton, of Marylebone in the City of Westminster as of the 23rd of December.
In his valedictory speech, as the outgoing Master of the Rolls and as Britain’s most senior openly gay judge, Sir Terence spoke about promising himself that he would never hide his sexuality, what representation in the Judiciary meant to him and how he hoped he was leaving the state of access to justice more improved than when he entered the profession.
“I hope that I have kept my promise to myself and have been, if at all possible, a role model. Because my experience is that role models have a greater impact than anything else” (5).
Dr Victoria McCloud
Not only a barrister, but a Chartered Psychologist, Dr Victoria McCloud became the first openly Trans person to be appointed as a High Court Judge. She was made a member of the Queen’s Bench Masters in 2010, making her not only the youngest individual to achieve the role, but also the second female Master ever.
The above are high profile examples of the LGBT+ community in the UK Judiciary and I am confident that their hard work and determination has helped laid groundwork that has encouraged others to strive for the profession.
We study history to get a better understanding of how we got to where we are, as a species, a country or just a community of people. It helps us learn from our mistakes and importantly helps us clear our path and move forward. LGBT+ History Month gives us a chance to shine a light on what has come before and importantly, where we should be heading to make things even better, for everyone.
Frances Bleach, CIPA
Date published: 12 February 2021
(1) Harvey Milk, The Hope Speech, 1978
(2) Lady Hale at the Constitutional Law Summer School, Belfast
(4) Sir Adrian Fulford, Against the Odds: A celebration of equality and diversity, 2009