Judge challenges Gorges' sexuality

WAUPACA - Waupaca County Judge Philip Kirk has a reputation for being candid in the courtroom and Monday morning was no exception. In his pre-sentence comments he challenged Delton Gorges' claim of being heterosexual.

“I think you were born gayer than a sweet-smelling jockstrap,” said Judge Kirk.

Gorge's sexuality became the focus of the judge's statements.

“I think that if anyone believes that in the last 10 years or 15 years all of a sudden you developed an interest in homosexuality and young boys, then I must have looked ravishing in my prom dress this year,” Kirk said.

Judge Kirk said his sentence  - seven years in prison - had nothing to do with Gorges' sexuality.

“I think that you lived your life as a lie all of your years,” Kirk said. “And I don't doubt that you engaged in heterosexual behaviors, you got married and had a child. But it was all a lie.”

Gorges' attorney, Tom Johnson, admits some people might find Judge Kirk's comments controversial.

“He will tell you what he is thinking even if the expression of those thoughts is... unconventional,” said Johnson.

Johnson believes the judge discussed his client's sexuality to shed light on what could happen if someone feels the need to keep their lifestyle private from society.

“I think it is important to make an attempt to discern where conduct comes from,” said Johnson.

At one point, Judge Kirk said he believes Gorges was a victim of society's homophobic attitude, especially considering the era in which Gorges grew up.

“I can't imagine in the '40s or '50s admitting your sexual orientation,” said Judge Kirk. “No one knew there was a closet to come out of in those days. You know you had to be very careful because you could have found your penis floating in the Wolf (River) as walleye bait. It was a terrible life to have to live.”

Whether Judge Kirk is right or wrong about Gorges' sexuality will remain unknown. It is also debatable if his courtroom comments were appropriate.

According to Wisconsin Code, a judge could only be reviewed for his actions if a complaint is filed with the Judicial Commission.