Trailblazing Judge Michael Fitzgerald reflects on his career and advocacy for LGBTQ+ rights at ND Law LGBT Law Forum event
On October 11, Notre Dame Law School’s LGBT Law Forum (LLF) hosted a captivating talk featuring the Honorable Michael W. Fitzgerald, a district judge of the U.S. District Court for the Central District of California. He was in conversation with third-year law student Justin Vickers, who was the LGBT Law Forum president last year. Judge Fitzgerald is the first openly LGBT person to be appointed to the federal bench in California. During his talk, he shared insights from his legal career, the challenges he encountered as an LGBTQ+ attorney, and the importance of community support for law students navigating similar paths.
Judge Fitzgerald graduated from the University of California at Berkeley (Berkeley Law) in 1985, where he was elected to the Order of the Coif, and he received his undergraduate degree from Harvard University. He served as an Assistant United States Attorney in Los Angeles from 1988 to 1991 and clerked for the Honorable Irving R. Kaufman of the U.S. Court of Appeals for the Second Circuit from 1985 to 1986. He is a lifetime member of the LGBTQ+ Bar Association of Los Angeles. Following his clerkship, he practiced law at Corbin, Fitzgerald & Athey LLP, focusing on federal criminal cases and commercial litigation. Notably, he served as pro bono trial counsel for the class of gay and lesbian FBI agents in the landmark case Buttino v. Federal Bureau of Investigation, which resulted in significant changes to the FBI’s hiring practices. This impressive resume ultimately led to his appointment to the bench in 2012.
In the conversation, Judge Fitzgerald reflected on his upbringing and the challenges he faced as an LGBTQ+ attorney, including discrimination within the legal profession. He emphasized the profound impact of the AIDS epidemic on societal perceptions of the LGBTQ+ community, illustrating how he navigated not only the pressures of a demanding career, but also the weight of societal judgment.
In a lighthearted moment, Judge Fitzgerald shared the importance of networking outside of legal circles, reflecting on his own experiences with colleagues who bonded over sports. He advised the student attendees to be “particularly interested in something that is not law-related and not political. Whether it’s baseball, basketball, football, soccer, whatever it is, if you’re working within a firm or in-house, I would strongly urge you to pick a team and just have it be known.” He went on to highlight how engaging in sports not only helps foster relationships, but can also facilitate getting work done: “I do wish I had learned to play golf. There is a lot of business that gets done on the golf course.”
Attendees expressed their appreciation for Judge Fitzgerald’s insights and the encouragement he offered to future generations of legal professionals. His message of resilience, community, and the power of personal connections resonated deeply with LLF members and others from across the Law School community.
Read key takeaways from two students who attended the talk featuring the Honorable Michael W. Fitzgerald.
3L Harry Weeks
“Judge Fitzgerald is a sterling example of why serious and wide-ranging dialogue across generations is so important, especially for lawyers and law students, whether or not they feel subjected to social cruelties. For those who came with an open mind, his remarks were a candid reminder of the law at its best and at its worst. More memorable than any specific point, Judge Fitzgerald embodied a confidence and dignity — even when addressing contentious questions — that ought to inspire any serious-minded person.”
3L Emily McLane
“It was incredible to hear Judge Fitzgerald’s experience and how he overcame discrimination, both in his personal life as an openly gay man just starting his legal career at the height of the AIDS epidemic, and on behalf of his clients, such as the case where he represented an FBI agent who was unlawfully denied employment based on his sexuality. Judge Fitzgerald’s talk reminds us of our responsibility as lawyers — and especially as a ‘different kind of lawyer’ — to passionately advocate for persons that are underrepresented.”