On Tuesday, Judge Mary Kay Costello made history by becoming the 12th Senate-confirmed LGBTQ+ judge appointed by President Joe Biden.
The Senate confirmed Costello with a 52-42 vote following an all-day hearing. She is set to take her place on the U.S.A. District Court for the Eastern District of Pennsylvania. This confirmation allows Biden to set a new record, surpassing the previous tie between his and the Obama administration's record of appointing 11 out LGBTQ+ judges. Each of the other 11 LGBTQ+ judges appointed by Biden brings a variety of backgrounds and identities. Costello is married to a woman and resides in Philadelphia with their two children. Her prior service includes a stint in the U.S.A. Air Force, where she was honourably discharged as a staff sergeant. She earned her law degree from Temple University and worked in private practice at Saul Ewing and Akin Gump Strauss Hauer & Feld. Additionally, she served as an assistant attorney in the U.S.A. Attorney’s Office for the Eastern District of Pennsylvania.

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With the appointment of 12 LGBTQ+ judges, Biden surpasses former President Bill Clinton, who had one gay judicial nominee, and former President Donald Trump, who had two.
The Democratic majority on the Senate Judiciary Committee posted 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, who is the senior director of the Fair Courts Program at the Leadership Conference on Civil and Human Rights, commented 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.”
Zwarensteyn continued, “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. 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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