News (USA)

Joe Biden makes history by confirming 12th LGBTQ+ judge, the most of any presidency

Judge with gavel
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Judge Mary Kay Costello made history on Tuesday when she became the 12th Senate-confirmed LGBTQ+ judge appointed by President Joe Biden.

The Senate voted 52-42 to confirm Costello after a day-long hearing. She’ll now sit on the bench of the U.S. District Court for the Eastern District of Pennsylvania. Her confirmation helped Biden set a new record, topping both the Obama administration and Biden administration’s previously tied record of appointing 11 out LGBTQ+ judges. The 11 other LGBTQ+ judges appointed by Biden each represent diverse backgrounds and identities.

Costello is married to a woman and lives in Philadelphia with two kids. She previously served in the U.S. Air Force and was honorably discharged as a staff sergeant. She received her law degree from Temple University, where she served in private practice as a lawyer for the firm Saul Ewing and also Akin Gump Strauss Hauer & Feld. She then served as an assistant attorney in the U.S. Attorney’s Office for the Eastern District of Pennsylvania.

The 12 judges’ appointments beat out former President Bill Clinton, who had a single gay judicial nominee, as well as former President Donald Trump, who had two gay judicial nominees.

The Senate Judiciary Committee’s Democratic majority said on X: “CONFIRMED: Mary Kay Costello to the Eastern District of Pennsylvania Ms. Costello exhibits a breadth of experience and a strong dedication to public service. She’s ready to serve as a federal judge.”

Lena Zwarensteyn, senior director of the Fair Courts Program at the Leadership Conference on Civil and Human Rights, said in an email statement to LGBTQ Nation, “For far too long, federal judges have disproportionately been white, male, straight, and cisgender, and they have possessed very narrow legal experiences. This is finally changing, and for good reason: Having more judges, including openly LGBTQ judges, who come from all of our communities helps to build more trust in the judiciary and brings vitally important perspectives into our justice system.”

“The selection of openly LGBTQ judges also sends a powerful signal to young LGBTQ lawyers, law students, and other potential future judges that they belong on the federal bench and in positions of power,” Zwarensteyn continued. “We cannot underestimate the incredible role-modeling impact that this has on young people who will see a clearer path to the judiciary,”

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