Melissa DuBose and Nicole Berner broke through a major queer barrier last month when the Senate confirmed their judicial appointments.
DuBose, who was confirmed to federal judgeship in Rhode Island, is the first woman of color and openly LGBTQ+ judge in the state’s district court.
She has been a state court judge since 2019.
Berner was confirmed to the Fourth Circuit Court of Appeals, becoming the first LGBTQ+ judge on the court.
The Fourth Circuit Court of Appeals was once known as the most conservative court in the country prior to the Obama administration. Located in Richmond, Virginia, the court has since become one of the most liberal. In 2022, it became the first court to rule gender dysphoria is a protected disability.
The Fourth Circuit oversees Maryland, North Carolina, South Carolina, Virginia and West Virginia.
Prior to her confirmation, Berner served as a union lawyer and attorney at Planned Parenthood Federation of America
Both Berner and DuBose are proud mothers.
DuBose is married with two sons. Berner is the stepmother to her wife’s son and successfully sued the Israeli government in 2000 to become the first gay couple recognized by Israel as parents.
The confirmations mark a milestone for President Biden’s administration. Eleven LGBTQ+ federal judges have been confirmed since he took office, tying with former President Obama’s record. It took Obama two terms, while Biden has matched the number in only one term.
In 2021, Biden appointed Judge Beth Robinson, who became the first openly gay woman to serve on a U.S. appeals court.
In 2022, Judge Ketanji Brown Jackson became the first black woman to serve on the Supreme Court.
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