With the confirmation of Mary Kay Costello to a federal judiciary appointment, Joe Biden has made history. Costello is the 12th out LGBTQ+ judge Biden has appointed to a lifetime seat, more than any other president.

On Tuesday, Congress confirmed the appointment of the military vet and former assistant US attorney in a 52-41 vote. Costello is now a district court judge in Pennsylvania’s Eastern District.

With only a few months of his term remaining, Biden’s 12th appointment of an out LGBTQ+ judge has just snaked past former President Barack Obama’s previous record of 11. Former President Donald Trump, by contrast, appointed 2 out federal judges.

Pennsylvania Senators Bob Casey and John Fetterman both recommended Costello to the bench. “Recommending Mary Kay Costello’s nomination to the White House was an easy decision, and I applaud President Biden for recognizing her exceptional qualifications,” Fetterman said in a statement back in June.

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“Throughout her service in the Air Force and as a prosecutor, Mary Kay has demonstrated an unwavering commitment to our nation and to the people of Pennsylvania. With a well-earned reputation for being a fair prosecutor who prioritizes real justice over high conviction rates – it is people like Mary Kay who are exactly what our judicial system needs. I’m proud to see the Pennsylvania courts being enriched with such diverse and dedicated legal professionals, and I eagerly anticipate her confirmation.”

Casey applauded Costello’s record in his own June statement “Mary Kay Costello’s experience as an Assistant U.S. Attorney, in private practice, and in the U.S. Air Force leaves no doubt in my mind that she will continue to serve the people of Eastern Pennsylvania honorably,” he said.

“As a military vet and longtime federal prosecutor, she has devoted her career to defending our Nation, fighting corruption, rooting out fraud, and keeping our communities safe. I look forward to voting to swiftly confirm her and to help her make history.”

The history-making appointment comes at a time when LGBTQ+ representation is both sorely needed and lacking on the judicial bench. According to research from the Leadership Conference on Civil and Human Rights, openly non-binary and transgender judges have yet to be nominated or confirmed for a lifetime seat in a federal court, and 39 states have no out LGBTQ+ district court judges.

“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 organization pointed out.

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