This blog originally appeared at ADVOCATE.

Berner will make history as the first openly LGBTQ+ member to serve on the U.S. Court of Appeals for the Fourth Circuit.

Nicole Berner, a lesbian attorney known for her advocacy in labor and reproductive rights, along with her landmark parental rights case in Israel, has been confirmed by the U.S. Senate as the first openly LGBTQ+ judge on the U.S. Court of Appeals for the Fourth Circuit.

According to The Washington Post, Berner was confirmed on Tuesday by a vote of 50-47. All Republicans who voted opposed her confirmation, along with one Democrat, Joe Manchin of West Virginia.

Democratic Sen. Ben Cardin of Maryland emphasized the importance of a diverse judiciary before the vote, stating that a more inclusive bench better represents the population served by judges and enhances judicial decision-making. Both Cardin and Maryland’s other U.S. senator, Democrat Chris Van Hollen, supported President Joe Biden’s nomination of Berner, who resides in Maryland.

The Fourth Circuit covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia. According to the Post, the court has shifted from being one of the most conservative to one of the most liberal in the nation over the past decade.

Berner served as a staff attorney at Planned Parenthood Federation of America from 2004 to 2006. She then held several legal roles at the Service Employees International Union, eventually becoming general counsel in 2017. Additionally, she is a partner at James & Hoffman, a labor and employment litigation firm located in Washington, D.C.

Nicole Berner was instrumental in a groundbreaking case for parental rights for same-sex couples in Israel. While residing in the country with her then-wife, Ruti Kadish, in 2000, Berner initiated legal action against the national government to secure recognition as the adoptive mother of Kadish’s biological son, Matan. Her efforts were successful, marking Matan as the first child in Israel legally acknowledged to have two mothers.

During her tenure at Planned Parenthood, Berner actively opposed abortion restrictions and advocated for access to the abortion medication mifepristone. At the Service Employees International Union (SEIU), where she rose to the position of general counsel in 2017, she represented workers in numerous cases involving labor rights. Berner also participated in legal briefs supporting marriage equality, defending the Affordable Care Act, and challenging immigration policies imposed by Donald Trump.

“Ms. Berner is a brilliant lawyer who has defended and advanced our civil and human rights, including the rights of working people, reproductive rights, and LGBTQ rights,” stated Maya Wiley, president and CEO of the Leadership Conference on Civil and Human Rights, which backed Berner’s confirmation. “Her dedication to equal justice is evident across her life and legal career, and we eagerly anticipate her contributions from the bench.”

“In addition to becoming the first openly LGBTQ+ judge on the Fourth Circuit, Nicole Berner is only the third woman from the LGBTQ+ community to serve on any federal appeals court. Her appointment marks the 11th LGBTQ+ person appointed to the federal courts by President Biden, matching the record set by President Barack Obama. Berner also holds the distinction of being the first Jewish judge on the Fourth Circuit in many years.

“Her confirmation brings essential lived experiences to the court and sends a powerful message to young LGBTQ+ lawyers, law students, and aspiring judges that they have a place on the federal bench,” stated Maya Wiley. “This is significant because the demographic and professional diversity she represents is sorely lacking in our federal courts, and it helps to enhance judicial decision-making, strengthen public trust, and bolster our democracy.”

“People for the American Way President Svante Myrick expressed great satisfaction with Nicole Berner’s confirmation. ‘We are thrilled by today’s confirmation of Nicole Berner, whose exceptional legal acumen, extensive experience, and dedication to justice will undoubtedly make her an outstanding federal judge,’ he stated.

“Myrick further praised Berner’s altruism, highlighting her advocacy for workers at SEIU and her defense of reproductive rights at Planned Parenthood. He also noted her early career contributions, including the establishment of an organization supporting Israeli women affected by violence and her leadership in democracy workshops for Arab and Jewish children. ‘Her confirmation underscores the critical importance of continuing to confirm President Biden’s judicial nominees,’ Myrick concluded.”

https://www.advocate.com/news/nicole-berner-lesbian-judge-confirmed