President Joe Biden has officially tied former President Barack Obama’s record of appointing the most LGBTQ+ judges to federal courts.
Biden appointed judges Melissa DuBose and Nicole Berner to the federal court this year. Both judges were confirmed by the U.S. Senate this March.
DuBose made history with her appointment, making her the first Black and first LGBTQ+ judge to preside over the U.S. District Court for the District of Rhode Island.
Berner also made history as the first LGBTQ+ judge on the mid-Atlantic region’s 4th U.S. Court of Appeals.
According to a study by lobbying group The Leadership Conference on Civil and Human Rights, Biden has tied Obama’s record with these two appointments. With nine months left in his current term and the potential for a second term, Biden could make history himself as the president with the most LGBTQ+ judicial appointees.
The survey also points out key deficits in LGBTQ+ representation in the counts. For example, there has never been a transgender person appointed to a lifelong U.S. District Judge position. There are also nine out of 13 federal courts that have never had an appointed LGBTQ+ judge.
In October 2023, The Leadership Conference on Civil and Human Rights shared that more LGBTQ+ judges are needed to handle cases dealing with queer and trans rights effectively.
“Cases throughout the country on LGBTQ issues — including the rights of trans children to play sports, to access lifesaving health care, and to learn in safe and welcoming schools with inclusive curricula — have powerfully demonstrated the need for more federal judges who understand what’s at stake when these topics are litigated in federal court,” the group said in a post.
Will Biden appoint more LGBTQ+ federal judges? Time will tell, but based on his record, it seems likely.