The report highlights the important steps the Biden administration made towards a truly representative federal judiciary, but notes significant gaps remain and warns those gaps are likely to worsen during Trump’s new term.
Lambda Legal today released a comprehensive report revealing the great progress towards a truly representative federal judiciary achieved under President Biden, while also acknowledging significant gaps in diversity remain, such as finding that only 2.7% of federal judges are openly LGBTQ+.
The report also warned of the threat to that progress posed by the second Trump administration, a threat underscored by the president’s first judicial nominee of his second term, Whitney Hermandorfer, a lawyer from the Tennessee attorney general’s office who has argued against equal health rights for transgender people.
“Unfortunately, she is exactly the type of nominee we expected and are alarmed about; one who has actively argued against equal rights for transgender people. We expect to see more nominees comparable to and worse for our rights…” reads the report.
The report “Judging Our Future: What’s at Stake for LGBTQ+ and HIV Rights in the Federal Courts” warns about potential further judicial nominees with anti-LGBTQ+ biases during President Trump’s second administration. One of the key findings of the report is that between 2017 and 2020, 34 of Trump’s judicial nominees were on record with anti-LGBTQ+ writings, speeches, and cases they litigated, and with 30 of these nominees confirmed.
“Many of these judges have already made horrible anti-LGBTQ+ rulings in cases before them, with some including gratuitous misgendering of transgender people in their decisions,” the report highlights. And some also have records of anti-voter, anti-abortion, and pro-gun decisions also at odds with the rights of LGBTQ+ people and everyone living with HIV.
The report highlights the critical importance of a fair and impartial judiciary as Lambda Legal challenges the administration’s recent executive orders targeting LGBTQ+ rights, particularly those affecting transgender, nonbinary, and intersex people. “Judges in this country should reflect the population they see in court and serve every day. Increasing judicial diversity leads to improved public confidence in the courts and enriched decision-making among judges,” said Ethan Rice, Senior Attorney for Lambda Legal’s Fair Courts Project. “With lawsuits already filed against many of the new administration’s discriminatory executive orders, we need judges committed to the rule of law and constitutional protections for all.”
The report highlights significant progress toward judicial diversity during the Biden administration, which appointed 235 federal judges—the most diverse group in U.S. history. Of these appointees, 64% are women and nearly 63% are people of color. Biden also appointed 12 openly lesbian and gay judges, the highest number of any president. Despite this progress, the report identifies a significant representation gap: while 9.3% of Americans identify as LGBTQ+, only 2.7% of federal judges are openly LGBTQ+. The report also notes the complete absence of openly transgender, nonbinary, intersex, or bisexual federal judges, as well as judges living with HIV.
With 59 current federal court vacancies (six on Circuit Courts of Appeal and 53 on District Courts), Lambda Legal expressed concern about future appointments based on the previous Trump administration’s record. During Trump’s first term, 76% of his judicial nominees were cisgender men and 84% were white, with only two openly gay or lesbian judges confirmed.
The report highlights recent successes, noting that experienced, impartial judges appointed by presidents of both parties have already issued preliminary injunctions blocking several of Trump’s anti-LGBTQ+ executive orders, including those targeting transgender military service members, gender-affirming healthcare for youth, and diversity programs.
Lambda Legal will review all judicial nominees and oppose those with anti-LGBTQ+ records through Senate advocacy and public education. Lambda Legal encourages supporters to contact their senators, vote in every election, voice opposition to anti-LGBTQ+ judicial nominees, share information about this issue, and stay engaged with Lambda Legal’s advocacy efforts.
A copy of the full report released by Lambda Legal today can be downloaded by clicking here.
Link to Lambda Legal’s 2024 Report.
Link to Lambda Legal’s 2023 Report .
Link to Lambda Legal’s 2022 Report .