President Obama announced this week that he is nominating openly lesbian Seattle attorney Jenny Durkan, 50, as U.S. Attorney for the federal district serving Seattle.

Durkan was formerly legal counsel to Washington Gov. Christine Gregoire. Not only is she the first openly gay U.S. Attorney to be nominated, but she and her partner are the parents of two children. This is even better news, because as a parent she will be sensitive to the effect of GLBT marriage inequality on children.

The U.S. Senate Judiciary Committee has still to confirm Durkan. But in the meantime, her nomination will draw attention to the effect of marriage inequality on the rights of children of same-sex marriage. And it will bring both issues to the front of the political arena.

Linking marriage inequality to children’s welfare will be far more persuasive than focusing on same-sex marriage individually because gays and lesbians who have children evoke empathy. Polls show that even those who oppose same-sex marriage believe that children born to same-sex couples deserve equal benefits. (Even former Vice-President Dick Cheney has said that his grandchild (born into a home headed by two lesbians) is entitled to the same treatment as his other grandchildren.)

In terms of Proposition 8, linking marriage inequality and children’s rights will be especially helpful, because if the California Supreme Court upholds the measure, the case will move to a federal court. A spotlight on the link between marriage inequality and children’s rights at the national level would strengthen our case. And if nominee Durkan becomes U.S. Attorney, she will tell the Senate that the federal Constitution does not allow either Congress or individual states to ban same-sex marriage, not only because it’s unjust for GLBT adults but because it negatively affects their children.

In other words, currently, California’s Supreme Court is deciding the matter on the basis of whether Californians can amend the state Constitution to overturn a legislative act. However, if the case goes to a federal court, it would also consider the fact that the U.S. Constitution prohibits denying equality to families.

Durkan’s appointment could also have a significant effect on the priorities of federal law enforcement. For example, President Obama is expected to sign a federal hate crimes law that will include cases involving sexual orientation and gender identity. This will allow federal authorities such as the U.S. Attorney to investigate and prosecute hate crimes against GLBT individuals, particularly in those locales that don’t recognize and/or refuse to enforce them.

So Durkan’s nomination is good news that could lead to better news. Now, let’s hope that Obama also appoints a gay friendly U.S. attorney for the Southern District of California!

Openly gay Superior Court Judge David Rubin announced last week that there are now five openly gay and lesbian jurists in San Diego.

Rubin, speaking at the Tom Homan Law Association’s annual dinner, noted that in 1986 he was the first and only openly gay law enforcement official in San Diego County serving as a deputy district attorney.

Now there’s lesbian District Attorney Bonnie Dumanis, four openly gay or lesbian state court judges and one federal magistrate.

Further, President Obama indicated this week that he is considering several candidates for the U.S. Supreme Court, at least two of whom are lesbians (the most prominent being Solicitor General Elena Kagan, who is also the former dean of Harvard Law School).

Times sure have changed. Even the ranking Republican on the Senate Judiciary Committee indicated that being gay is not an automatic disqualification for appointment to the Supreme Court. What a difference from 1992, when Roberta Achtenberg was appointed to serve as an undersecretary for housing and Sen. Jesse Helms took to the Senate floor to condemn having a “damn lesbian” in such a post.