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OPINION
LGBTQ Issues

Joe Biden should nominate Obama's 'Black lesbian from Skokie' to be a federal judge

We need intersectional judges to increase representation, diversity and public trust. They would reflect the lived experience of tens of millions.

Rainbow flag at the Supreme Court in Washington on April 28, 2015, as the court prepared to hear historic arguments on same-sex marriage.
Kyle C. Velte
Opinion contributor

In defending Merrick Garland as his pick for what would become a failed Supreme Court nomination in 2016, then-President Barack Obama quipped that at no point had he said, "Oh, you know what? I need a Black lesbian from Skokie in that slot. Can you find me one?" That’s just not how he approached it, he said. But perhaps he should have.

Efforts to diversify the federal bench have focused more on appointing women and people of color and less on LGBTQ people. While Obama appointed 10 LGBTQ judges, today only 11 of the 870 federal judges identify as LGBTQ – 1% of sitting judges (compared with 4.5% of the U.S. population that identifies as LGBTQ). There has never been an openly LGBTQ woman on a federal court of appeals or an openly LGBTQ Supreme Court justice.