Lesbian lawyer makes history. She’s a federal appeals court judge now.

Nicole Berner, a lesbian lawyer who has worked for Planned Parenthood and was general counsel for the Service Employees International Union (SEIU), has earned Senate confirmation to the Fourth Circuit Court of Appeals.

Berner will be the first gay person to serve on the court, once one of the most conservative in the country.

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While all Republicans voted against Berner’s nomination, only one Democrat opposed it. Sen. Joe Manchin (D-WV), who has reveled in media attention for being a stumbling block to progressive legislation like LGBTQ+ rights and flirted with a third-party bid for president against Joe Biden, was the Democratic sole vote against her. Manchin, a millionaire coal baron, has opposed worker rights and unionization efforts that might hurt his profit margins.

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Berner has championed the poor and marginalized throughout her career. With only two other lesbian federal appellate judges in the nation, she will bring her unique perspective to the 4th Circuit, which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia.

“A more diverse bench will better reflect the population that the judges serve as well as better inform judicial decision-making,” Sen. Ben Cardin (D-MD) said. Berner lives in Maryland.

At SEIU, Berner led the union’s support for the Affordable Care Act, same-sex marriage, LGBTQ+ nondiscrimination law, and worker safety. At Planned Parenthood, she litigated cases against abortion restrictions.

While living in Israel briefly, she sued the government and won the rights of same-sex couples to be recognized as their children’s parents.

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