History was made at the LGBT Community Center on Aug. 14 when Seth Marnin, a widely-respected lawyer, was sworn in as a New York Court of Claims judge, making him the first out trans man to serve as a judge in the United States and the first out trans judge in New York State.
Marnin’s unofficial swearing-in ceremony, covered exclusively by Gay City News, came just days after he was officially sworn in and drew some of the state’s top leaders, from Governor Kathy Hochul, who nominated Marnin, to Attorney General Letitia James, who heaped praise on the new judge and spoke of the broader impact of increasing diversity on the bench at a time when many in the LGBTQ community — especially trans youth — are under siege in statehouses.
Marnin invoked the transphobia sweeping the nation when he stepped to the podium and delivered remarks after he was sworn in. Marnin recalled speaking five years ago at a rally led by his rabbi, Sharon Kleinbaum, who had organized a community gathering in response to one of the many moves by the Trump administration to attack trans rights — “a precursor to what we’re seeing today,” Marnin said.
At that rally, Marnin said he outlined four key ways to create more justice for trans people: First, to be out as trans people but also as allies; second, for trans people to drive the narrative about their identity; third, to do things that are uncomfortable, difficult, or inconvenient; and fourth, to have hope.
“That was five years ago, and I can say with a high degree of confidence that it was unimaginable then that I could be sworn in as a judge today,” Marnin said. “But here I am.”
Marnin, who hails from Albany, is stepping into his new post with a background in law, LGBTQ rights, civil rights, and other areas. He has most recently served as the director of training and education for the Office of Equal Opportunity and Affirmative Action at Columbia University. He previously worked as vice president for civil rights at the Anti-Defamation League, practiced employment law at Outten & Golden LLP, and founded Workplace Strategies. His new role on the Court of Claims involves handling cases against the state and state-related entities.
At the ceremony, Marnin was commended for his legal expertise. Hochul described him as “exceptionally brilliant jurist, an outstanding lawyer,” and insisted during her speech that she nominated him because of his competence and qualifications.
“Some people would say I did this to make history,” Hochul said. “I’m gonna say I didn’t… When I make appointments, I want you to know I am always searching for the very best — full stop. I don’t just pick people because I can get credit for doing something for a community. I want you to know that.”
Still, she said, the move represented “an important statement of my values as a human being and as your governor.”
“There are so many people who have such hatred in their hearts — and bigotry, xenophobia, transphobia, whatever your phobia is, get over it, because this is America, and we respect everyone,” Hochul said.
Marnin also received words of admiration from James, who, like Hochul, pointed to the importance of the historic moment and said the judge would blaze a new trail for future generations of trans youth and others who will look up to him.
“Simply put, Seth represents the best and the brightest of the legal community and we are lucky to have a person of such caliber, integrity, and a fierce commitment to justice and service to the public within our judiciary,” James said.
The attorney general could not help but acknowledge that the event coincided with an expected announcement about another indictment of former President Donald Trump — this time in Georgia. James jokingly asked everyone to refrain from scanning their phones to look for announcements in that case.
“Just know that my trial is scheduled for Oct. 2,” James said, drawing a combination of laughs and cheers. Trump, for his part, was indicted hours later.
Other elected officials also spoke, including state senators such as Brad Hoylman-Sigal, the out gay Judiciary Committee chair who played a role in confirming Marnin’s nomination. Hoylman-Sigal noted the work Marnin did at the ADL and said he worked with him several times over the last decade.
“First of all,” Hoylman-Sigal said, “none of us believed — what? There is not a male trans judge in the United States of America today? That was a shocking revelation in and of itself for many of our colleagues, and then to have Seth’s nomination move forward during such perilous times is so significant.”
Hoylman-Sigal added: “Seth’s nomination did not happen in a vacuum. We know that he has the most sterling of credentials, but he really stands on the shoulders of our community — those who for decades have gathered in this room. The history here is palpable, in addition to Seth’s history-making nomination.”
Among other speakers included Kleinbaum, who attended the event with her wife, American Federation of Teachers president Randi Weingarten.
Marnin, meanwhile, maintained a humble attitude as he was sworn in and spoke for the first time as a judge, and he credited others with leading the way for him. He concluded his remarks by invoking the late Judge Paul Feinman, who was the first out member of the New York Court of Appeals, the state’s highest court.
“I aspire to live up to his philosophy — to do what’s not popular or easy, but to do what’s true and just under the law,” Marnin said.
Melissa Sklarz, an out trans district leader who was the first out trans person to win public office in New York State, was on hand for the ceremony.
“Having Seth Marnin as our first trans judge in New York is an amazing opportunity,” Sklarz told Gay City News. “It’s easy to be the first, now comes the second and third and fourth. Seth Marnin will open the door to a whole new generation of opportunity for trans women and men.”
In an interview with Gay City News, Marnin emphasized that his new role means he will have to move away from activism, which he said is a significant shift given that many in the community have seen him as an advocate. At the same time, he knows he will lead by example because there aren’t many other people like him in the public eye. There are only a few trans judges in other states, though at least one — Victoria Kolakowski, an Alameda County Superior Court in California — hails from Staten Island. Among other trans judges include Andi Mudryk of the Sacramento County Supreme Court in California and Phyllis Randolph Frye, who serves as an associate judge in the Houston municipal courts and is often described as the first out trans judge.
“They are heroes, my mentors,” Marnin said of other trans judges in the country. “They paved the way for me and for others. I think the opportunity to be a role model to others is very exciting, and since the nomination and the news coverage, I’ve heard from young people around the country.”
Marnin briefly reflected on his career and the pit stops he has made along the way, describing his path so far as “very lucky” and stressing that his colleagues were supportive when he transitioned.
“A couple years ago, I thought maybe I could [end up as a judge], but you never know how the process will go, and so when I received the call it was extremely humbling,” he said. “It wasn’t so long ago that it was unimaginable.”
