Did Biden Nominate the First Gay Federal Appeals Court Judge?

An article from the Associated Press is headlined “Biden nominates first LGBT federal appeals court nominee,” a claim that was further elevated by news outlets that reprinted the AP article, including the Washington Post, ABC News, and U.S. News & World Report. The Washington Post later deleted its story.

The article is about Justice Beth Robinson, an associate justice on the Vermont Supreme Court, whom Biden has nominated to serve on the 2nd Circuit Court of Appeals. The AP article correctly notes that Robinson would “become the first openly LGBT woman to serve on any federal circuit court.” However, the broader claim in the headline—that Robinson is the first LGBT federal appeals court nominee—is inaccurate.