Senate Confirms Openly Lesbian Judge to Federal Bench

The Senate confirmed Obama nominee for the federal bench Alison Nathan on Oct. 13 in a closely divided vote of 48-44. Nathan's confirmation marks the second out of four openly gay or lesbian nominees for federal judgeship the president has nominated, following J. Paul Oetken's confirmation in July, noted Advocate.com on Oct. 13.

Oetken was confirmed to fill a seat in the federal court of the Southern District of New York, the same district as the seat to which Nathan has now been confirmed. Oetken's confirmation made him the first openly gay man to be confirmed to the federal bench.

"The President welcomes the confirmation of Alison Nathan. She will serve the American people well from the District Court bench," White House spokesperson Shin Inouye said.

President Obama also nominated Ed Dumont and Michael Fitzgerald to the federal bench. Obama nominated Dumont in April of 2010 for the U.S. Court of Appeals for the Federal Circuit, but the Senate has not taken action on the nomination, a lack of action that has been decried as resulting purely from Dumont's sexuality.

The president nominated Fitzgerald to serve on the U.S. District Court for the Central District of California. The Senate's judiciary committee conducted a hearing on his nomination on Oct. 4, reported Metroweekly's "Poliglot" blog on Oct. 13.

Of Fitzgerald, Obama said in a July statement, "His impressive career stands as a testament to his formidable intellect and integrity. I am confident he will serve the people of California with distinction on the District Court bench."

Nathan is a former associate counsel to the White House. Upon her nomination, Obama said, "Alison Nathan is a distinguished individual who has demonstrated an unwavering commitment to justice throughout her career. I am grateful for her decision to serve the American people from the District Court bench."

An open lesbian, Deborah Batts was nominated by President Bill Clinton and assumed her place on the bench in 1994.

Sen. Jeff Sessions, who had made a show of objecting to the Supreme Court nomination of Elena Kagan, then the subject of rumors that she was a lesbian, also spoke out against Nathan's confirmation, Advocate.com reported. (Kagan was confirmed to the Supreme Court earlier this year.)Sessions claimed that Nathan might prove to be an "activist" judge.

But for the GLBT community, Nathan's confirmation was one step more toward a judiciary that reflects the day-to-day diversity of American life.

"Ms. Nathan's demonstrated intellect and dedication to public service is a model of achievement," said Joe Solmonese, the head of the Human Rights Campaign, said in a media release. "We look forward to the day when the makeup of the entire federal bench truly represents the diverse American public."

"Nathan currently serves as counselor to the New York State Solicitor General," reported Advocate.com. "A graduate of Cornell Law School, she served as a special assistant to President Obama and clerked for retired U.S. Supreme Court Justice John Paul Stevens.

"She and her partner, law professor Meg Satterthwaite, have young twin sons," the article added.