Biden Sets Record with 12th LGBTQ Federal Judge Appointment

President Joe Biden has achieved a significant milestone in judicial appointments, surpassing his predecessors by confirming the highest number of openly LGBTQ judges to the federal bench. This record was set on September 12, 2023, when the U.S. Senate voted 52-41 to confirm Mary Kay Costello as a district court judge for the Eastern District of Pennsylvania.

Costello's confirmation marks the 12th openly LGBTQ judicial nominee appointed under Biden's administration, exceeding the previous record of 11 set by former President Barack Obama during his eight-year tenure. This achievement underscores the current administration's commitment to diversifying the judiciary and ensuring representation across various demographics.

The importance of LGBTQ representation in the federal judiciary cannot be overstated, especially given the ongoing legal challenges to LGBTQ rights across the United States. Lena Zwarensteyn, senior director of the fair courts program at the Leadership Conference on Civil and Human Rights, emphasized the need for judges who understand the stakes involved in these cases.

"As LGBTQ rights are being subject to litigation across the country, it is increasingly clear that we need judges at all levels of the judiciary who understand what's at stake."

Mary Kay Costello brings a diverse background to her new role. She served in the U.S. Air Force from 1986 to 1994, later earning her law degree from Temple University. Costello's legal career includes private practice at prestigious firms and a significant tenure at the U.S. Attorney's Office for the Eastern District of Pennsylvania, where she prosecuted various criminal matters.

The appointment of openly LGBTQ judges to the federal bench is a relatively recent development in American history. The first openly gay judicial nominee, Deborah Batts, was appointed by President Bill Clinton and sworn in during Gay Pride Week in New York City in June 1994. Sadly, Batts passed away in 2020, leaving a legacy as a trailblazer for LGBTQ representation in the judiciary.

Biden's other notable LGBTQ appellate appointees include U.S. Circuit Judges Beth Robinson of the 2nd Circuit and Nicole Berner of the 4th U.S. Circuit Court of Appeals. These appointments reflect a growing trend of inclusivity in the federal judiciary, with over 30 openly LGBTQ federal judges serving as of 2024.

It's worth noting that while Democratic presidents have made the majority of openly LGBTQ judicial appointments, Republican former President Donald Trump also appointed two openly gay judges during his term. This bipartisan approach to LGBTQ representation in the judiciary signals a gradual shift towards greater acceptance and inclusivity in the legal system.

As LGBTQ rights continue to be a subject of significant legal battles, the presence of judges with diverse backgrounds and experiences becomes increasingly crucial. The federal judiciary plays a vital role in interpreting and upholding the law, and the inclusion of LGBTQ judges ensures that a wider range of perspectives is represented in these important decisions.

The confirmation of Mary Kay Costello and the record set by President Biden represent significant progress in the ongoing effort to create a more diverse and representative judiciary. As the legal landscape continues to evolve, particularly in areas related to LGBTQ rights, the importance of having judges who understand the complexities and nuances of these issues cannot be overstated.