DALLAS (UPI) -- The appointment of an avowed homosexual as a state
distict court judge has touched off a firestorm of censure from critics
and a flurry of applause from supporters heralding the first openly gay
judge in Texas history.
	Since Gov. Ann Richards named him judge of the 195th District Court
in Dallas May 22, Birdwell has been caught in a crossfire between
supporters and critics. The critics claim Birdwell, a former criminal
defense attorney, is unqualified for the post and question the
governor's motivation for appointing him.
	``My opinion is that people ought to be appointed on the basis of
quality and their philosophy, and I'm concerned about another criminal
defense attorney having an important position in our criminal justice
system,'' Texas GOP Chairman Fred Meyer said Wednesday.
	Birdwell said Wednesday his qualifications ``stand on their own.''
	``I've had plenty of experience in the courtroom and I can be fair
and impartial,'' said Birdwell.
	Meyer declined to comment on Birdwell's sexual orientation, but
Dallas County Republican Chairman Bob Driegert called a news conference
Monday to blast the appointment.
	``Richards' appointment of a gay activist is clearly a political
payback to one of the many liberal interest groups who supported her,''
Driegert said.
	Birdwell's sexual orientation also jeopardizes his ability to
function as an independent judge because the state's law banning sodomy
is still on the books, Driegert said.
	He criticized Richards for not appointing a prosecutor and said her
choice elevates the rights of criminals above the rights of victims.
	Birdwell said he would not dignify Driegert's assertion with a
response.
	``I have fought for the rights of individuals, and in my court,
everyone will receive a fair trial,'' he said.
	Birdwell has said publicy that he is gay but otherwise refuses to
discuss his personal life. But besides Driegert's statements, gay and
lesbian activists' vocal support of the 49-year-old Birdwell have made
the new judge's private life a matter of public discussion.
	``Jerry Birdwell's name has been kicked around several times as
someone who is not only gay but who is qualified to serve as a judge,''
said Kay Vinson, a Dallas gay rights activist.
	Activists are using Birdwell's name as a drawing card to a fund-
raiser for gay and lesbian causes next month in Dallas.
	Richards, who met last January with gay and lesbian activists to
discuss Birdwell's possible appointment, insists that sexual orientation
is not a factor when she makes appointments.
	``We appointed him (Birdwell) based on his qualifications as an
attorney and what we perceived as his qualifications as a judge,'' said
Richards' press secretary Bill Cryer. ``He came highly recommended to us
from members of the Dallas bar and sitting judges.''
	Birdwell, who grew up in a small town 30 miles south of Fort Worth,
has practiced criminal defense law in Dallas for 21 years. He has been
active in Democratic politics and served on a Dallas County task force
on AIDS.