Today the Virginia House of Delegates rejected Richmond prosecutor Tracy Thorne-Begland for a post as a General District Court judge because he is gay, supports same-sex marriage and once questioned the military’s “Don’t Ask, Don’t Tell” policy. Reports the Richmond Post-Dispatch:

Thorne-Begland’s nomination for a judgeship on the General District Court in Richmond, where he has been a prosecutor for 12 years, had been approved by courts committees in the House and Senate.

But his nomination came under fire late last week, as the Family Foundation and Del. Robert G. Marshall, R-Prince William, stoked fears that the 45-year-old attorney would allow his sexual orientation to influence his judicial decisions.

Republicans cast the 31 votes against Thorne-Begland. Ten Republican delegates abstained and 26 delegates, including a handful of Democrats, did not vote. Eight Republicans voted for Thorne-Begland.

The vote was perhaps the latest indication that gay rights will be a flash point in this swing state’s fall elections, which will include hotly contested fights for the presidency and the U.S. Senate.

Richmond Commonwealth’s Attorney Michael N. Herring spared no words in criticizing the move, saying, “It’s hard to think about what happened in the General Assembly and not conclude that it’s a form of bigotry.” According to the Post, a spokesman for Gov. Bob McDonnell said that he supported Thorne-Begland’s appointment to the post, and that it should be weighed on its merits, not whether or not he is gay.

Marshall—one of the lawmakers behind a bill that would have given the rights of a person to an unborn fetus—defended the move by arguing that Thorne-Begland’s support for same-sex marriage means that he wouldn’t be able to remain a fair-minded jurist. (Circuit judges deal mostly with criminal cases, so it’s unclear how his sexual orientation or support for same-sex marriage would have played a role in his rulings.) Marshall also seemed to imply that it wasn’t Thorne-Begland’s sexual orientation that was the problem, since gay Virginians have been appointed to other posts: “I would guess — law of averages — we’ve probably nominated people who have homosexual inclinations.”

Had Thorne-Begland’s appointment been approved, he would have been the first openly gay judge in Virginia.