The Right-Wing Evangelical Church in Fair Oaks next Sunday will
host a talk by Sacramento Superior Court Judge Matthew Gary.
"How the homos harm kids" is the title of a speech Gary will give at the Right-Wing Ideologue Evangelical Church in Fair Oaks, according to a press release from Gary's publicist and court clerk Christina Arcuri.
"The Supreme Court decision in Obergefell v. Hodges is an outrage, and an outrage that will have far-ranging consequences," Gary is expected to rant.
"The legalization of same-sex marriage will cause irreparable harm to countless children throughout the United States. As a family court judge, I am an unimpeachable authority on this subject," Gary will rightly point out. "These gay homos are criminalizing Christianity and the beliefs of Evangelicals and someone must make a stand."Gary and his longtime court clerk Christina Arcuri reportedly are locally prominent right-wing Evangelicals who strongly oppose same-sex marriage. The pair also asserts that biblical directives mandate personal responsibility-based punishment of those who impose a burden on society, including the poor and the disabled.
The consensual judge-clerk couple despise what they refer to as the "entitlement mentality" of indigent, family court litigants who obtain fee waiver orders, and disabled litigants on public assistance, according to a family court employee whistleblower who provided the information on the condition of anonymity because they could be subject to retaliation for the disclosure.
Unfortunately, the bible-based personal accountability philosophy endorsed and enforced by Gary and Arcuri in the course of their government employment often conflicts with state laws prohibiting bias based on socioeconomic status, including the California Rules of Court and Code of Judicial Ethics.
Court records show that both Gary and Arcuri exhibit socioeconomic bias in performing their employment-related functions and duties. Bias based on socioeconomic status is explicitly prohibited by four separate sections of the California Code of Judicial Ethics [pdf]. Canon 3B(5) requires judges to perform all judicial duties without bias or prejudice, including bias or prejudice based on socioeconomic status.
Judge Matthew Gary asserts that biblical principles
mandate the punishment of indigent, disabled, and
unrepresented litigants as a means of teaching
morality and personal responsibility.
But Gary and Arcuri have stayed true to their principles and believe that scripture and biblical doctrines - as they interpret them - are a higher authority than state law. Even in the face of persecution by state authorities, the couple have not compromised their convictions.
In one case of persecution, Gary was found guilty in 2010 by San Joaquin County Superior Court Judge Xapuri B. Villapudua of not following proper contempt procedures when he had an indigent and disabled litigant arrested and forcibly removed from his courtroom.
But, in any event, socioeconomic bias is epidemic in California courts, even among judges and court employees without the faith-based convictions of Gary and Arcuri, according to Golden Gate University School of Law Professor Michele Benedetto Neitz, who published a law review article on the subject.
Gary also has faced conflict of interest allegations. As SFCN reported in 2011, Gary's wife, Donna Gary provides law firm administrative services and sells a client management software program to family law attorneys. Click here for our exclusive report. The judge reportedly is now divorced.
In a 2007 interview with Sacramento Lawyer magazine, Gary characterized his legal philosophy as "favoring judicial restraint," and said he admired controversial U.S. Supreme Court Justice Antonin Scalia. In an apparent homage to his protégé, Scalia wrote a scathing dissenting opinion in the Obergefell case legalizing same-sex marriage.
"[Scalia] claimed there was 'no basis' for the Court's decision...and directly attacked the majority opinion for 'lacking even a thin veneer of law...Scalia faulted the actual writing in the opinion for 'diminishing[ing] this Court's reputation for clear thinking and sober analysis' and for 'descend[ing] from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie,'" according to Wikipedia.Gary also has a history of making significant legal errors requiring costly appeals, and eventual reversals by the 3rd District Court of Appeal. During a short stint as a criminal law judge, in a 2007 case the judge made an embarrassing legal mistake that resulted in the appellate court reversal of the conviction of Daniel Ray Maier. The case is People v. Maier. In 2011 a controversial family court ruling issued by Gary was reversed in full by the 3rd District Court of Appeal in In re the Marriage of Seaton.
Gary also has displayed intemperate conduct against coworkers. In 2012, Presiding Judge Laurie Earl removed Gary from a position as supervising family court judge for undisclosed misconduct. The successor to the post, Judge Jamie Roman, resigned several months later due to harassment by Gary, who was disgruntled at losing the title and authority, according to a court employee.
Gary is a graduate of El Camino High School in Sacramento and previously worked at his father’s law firm, Gary, Till & Burlingham. His father, Richard Gary, is a family law attorney. Links on the firm's resources page include the Christian Legal Society and the Christian Counseling & Educational Foundation.
Judge Matthew J. Gary is paid $169,289 per year, and was appointed to the bench by Gov. Arnold Schwarzenegger in 2007. Schwarzenegger was named in the 2010 Worst Governors Report by the government watchdog group Citizens for Responsibility and Ethics in Washington. Among other charges, Schwarzenegger was faulted for providing "state jobs to friends with dubious qualifications." Click here.