Biden Admin Sets Record for Highest Number of Openly LGBTQ Judges Appointed to the Bench

In a historic moment for judicial diversity, the U.S. Senate confirmed Mary Kay Costello to serve as a district court judge in the Eastern District of Pennsylvania by a vote of 52-41. Judge Costello, a military veteran, is the 12th openly LGBTQ+ judicial nominee to be confirmed under the Biden administration.

This landmark confirmation solidifies President Biden’s record of having more LGBTQ+ judges confirmed than any other president in history.

“We commend President Biden’s commitment to diversifying the federal judiciary, which has resulted in the confirmation of more Black women to appellate courts than all previous administrations combined, including the historic appointment of the first Black woman to the Supreme Court,” said Kristine Kippins, Deputy Legal Director for Policy at Lambda Legal. 

“America’s courts are most effective when composed of individuals with varied backgrounds, experiences, and legal expertise, which strengthens the judiciary’s ability to deliver fair and balanced justice,” Kippins added.

“This confirmation is a significant milestone, underscoring President Biden’s commitment to diversifying the federal judiciary to better represent the people who use federal courts across the country,” said Ethan Rice, Senior Attorney for the Fair Courts Project at Lambda Legal.

Rice continued, “While we celebrate this momentous occasion, there is still time before the end of President Biden’s term to further expand LGBTQ+ representation by nominating judges from underrepresented communities, particularly transgender, nonbinary, intersex and bisexual attorneys and attorneys living with HIV, none of whom are currently serving on the federal bench.”

Lambda Legal’s latest report provides a comprehensive analysis of federal judicial nominations during President Biden’s third year in office. The report includes urgent recommendations for both the Biden administration and the Senate, emphasizing the need to fill every remaining vacancy in the federal judiciary with a focus on both professional and personal diversity.

“As the administration moves forward, we urge the White House to choose nominees to fill every open vacancy before the end of President Biden’s term, particularly prioritizing nominees from underrepresented LGBTQ+ communities,” Lambda Legal urged. “The Senate must also continue pushing forward the confirmation of judges who have already been nominated and are waiting for a hearing or a vote on the Senate floor.”

Sarah Toce

Screenwriter & Journalist | Sarah Brusig (Toce) is an appointed member of the King County Women's Advisory Board and an elected precinct committee officer (PCO) in Burien, WA. As a healthcare worker, Sarah is represented by SEIU 1199NW. In 2010, Sarah created the online news source The Seattle Lesbian, LLC, which still receives upward of 100,000 readers per month. A recipient of McCormick's New Media Women Entrepreneur Award in 2012, Sarah was invited to the White House by President Barack Obama in 2015. That same year, GO Mag recognized Sarah as one of their Red-Hot Entrepreneurs in media.​ In 2016, the National Diversity Council honored Sarah with their LGBT Leadership Award. Congresswoman Pramila Jayapal (D-WA) recognized Sarah's advocacy work with the Community Builder Award in 2017, the same year Curve Magazine named Sarah one of their Top Women in Media & Publishing. Sarah served a two-year term as president of the Society of Professional Journalists - Western Washington Chapter beginning in 2018 and was elected Communications Vice Chair of the King County Democrats in 2021.

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