The Daily Mail has said this from the article:-
'Master of the Rolls Sir Terence Etherton, 65, is the second most senior judge in England and Wales, after Lord Thomas.
He made legal history almost a decade ago when he became the first openly gay judge to be made a Lord Justice of Appeal, The Guardian reported.'(link to the Guardian)
Sir Terence Etherton was called to the Bar in 1974 and became a QC in 1990. He was appointed a High Court Judge in 2001 before becoming a Lord Justice of Appeal in 2008.
He said his appointment 'shows that diversity in sexuality is not a bar to preferment up to the highest levels of the judiciary'.
He entered a civil partnership in 2006 and in 2014, after a change in the law, he and partner Andrew Stone were married in a traditional Jewish wedding ceremony at West London Synagogue.
Sir Terence, who studied history and law at Corpus Christi College, Cambridge, was in the British sabre team from 1977 to 1980 and qualified for the 1980 summer Olympics in Moscow. He boycotted the games in protest against the USSR's invasion of Afghanistan.
The Master of the Rolls - a position which dates back to at least the 13th century - is the head of civil justice and the second most senior judge - after the Lord Chief Justice - in England and Wales.'
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I don't understand what the problem is to be honest.
The article from the Daily Mail makes reference to the background of ' ALL 3 JUDGES ' ,not picking out one and making a big deal of his sexuality which would indeed lead me to agree it is of no consequence to making judicial decisions.
The piece from The Guardian which is included in the Daily Mail article is obviously mentioning the sexual orientation of Sir Terence Etherton and I find no issue with mentioning his background in either paper.
My problem is just because the Daily Mail has mentioned it some will make a predisposed assumption that there must be a reason for/opportunity to snipe at someone/ show a racist tendency/ be homophobic.
The Daily Mail reported on Sir Terence Etherton becoming Master of The Rolls in a similar vein to the Guardian but no doubt there would be cries of why does the Daily Mail think it neccessary to mention his sexual orientation because he has become Master of The Rolls , homophobic and poor journalism, yet nobody would bat an eye lid to virtually the same article being reported in the Guardian.
Ironically it is the Guardian headline not the Daily Mail which draws attention to Etherton being ' Gay '.
Ex-olympic fencer sir terence etherton to become master of the rolls | Daily Mail Online
www.theguardian.com/law/2016/may/26/britain-first-openly-gay-judge-master-of-the-rolls-terence-etherton
So no I don't find the Mail has made 'an issue' of a judges sexuality to undermine today's High Court Judgement on Article 50.