LEGAL
Paul Feinman, Gay Judicial Trailblazer, Dies at 61
First LGBTQ member of state’s highest court left the bench on March 23
BY PAUL SCHINDLER
Leading LGBTQ legal advocates
and others in
the legal world reacted
with shocked dismay on
March 31 to the news that Court
of Appeals Judge Paul Feinman,
who just a week earlier abruptly
resigned as the fi rst out LGBTQ
member of New York State’s highest
court, has died.
Feinman, 61 and a New York
City resident, was appointed to
the Court of Appeals by Governor
Andrew Cuomo in June 2017. Less
than fi ve years earlier, Cuomo had
named him as the fi rst out gay
man to serve on the state’s intermediate
Appellate Division, with a
seat on the Manhattan-based First
Judicial Department. In 2009,
then-Governor David Paterson appointed
Rosalyn Richter and Elizabeth
A. Garry, both out lesbians, to
the Appellate Division.
No cause of death was announced,
but the state’s chief
judge, Janet DiFiore, in announcing
Feinman’s death, indicated that
he had for some time suffered from
an illness that had “progressed,”
but noted “his productivity and the
quality of his writings and contributions
never suffered.” During
hearings on his nomination to the
Court of Appeals in 2017, Feinman
said he had been treated for leukemia
in 2015 but had recovered following
chemotherapy and a stem
cell transplant.
Feinman announced his retirement,
effective immediately, on
March 23.
In a tweet issued immediately
after news of Feinman’s death was
announced, the LGBT Bar Association
of Greater New York wrote,
“We are heartbroken to learn that
our friend, NY Court of Appeals
Judge Paul Feinman has passed.
Not only did Judge Feinman make
history with his appointment to
NY’s highest court, he also broke
down barriers and inspired LGBTQ
people.”
Eric Lesh, that group’s executive
director, tweeted, “This terrible
news. Judge Feinman was such a
Paul Feinman passed away a week after he retired.
brilliant and caring man. The best
there is. May he Rest In Peace. He
has changed the lives of so many.”
Also on Twitter, the Richard C.
Failla LGBTQ Commission, which
promotes equal participation and
access throughout the state’s court
system for LGBTQ people, wrote
that it “is absolutely devastated and
heartbroken about the tragic news
today of our dear friend Judge Paul
Feinman’s untimely passing. We
will be creating an annual award
named after him to remember his
trailblazing legacy for the LGBTQ
community.”
The State Bar Association reacted,
writing, “Judge Feinman
was a bright, experienced, and
knowledgeable jurist who made an
extraordinary impact on the Court
of Appeals and the law of our state.
He was also a kind and gentle man
who was loved by many.”
Out gay Manhattan State Senator
Brad Hoylman, chair of the
Judiciary Committee, tweeted, “I
knew Judge Feinman for over 2 decades.
He worked his way up from
Civil Court to became the fi rst gay
man judge on NY’s highest court.
His death is a huge loss for the LGBTQ
community & everyone who
cares about the fair administration
of justice.”
PAUL FEINMAN
When Feinman announced
his retirement last week, Kristen
Browde, the co-chair of the National
TransgenderBar Association and
a past president of the LGBT Bar
Association, told law.com, “This is
horrible news on so many levels,”
noting that the Court of Appeals’
jurisprudence had changed after
he joined the bench and brought
a deeper understanding of LGBTQ
issues.
Feinman was fi rst elected to the
New York City’s Civil Court in 1996
and reelected in 2006. In 2007,
he was elected to a state Supreme
Court judgeship. Previously, he
was a staff attorney at the Legal
Aid Society and a court attorney
for a State Supreme Court judge.
Feinman earned his bachelor’s
degree from Columbia University
in 1981 and a J.D. degree from
the University of Minnesota Law
School in 1985.
Feinman was a former president
of the Lesbian and Gay Law
Association of Greater New York
and also a member of the Jewish
Lawyers Guild and the New York
Women’s Bar Association. He earlier
also served as president of the
International Association of LGBT
Judges.
When Feinman was named to
the Appellate Division in 2012, he
told Gay City News, “I am grateful
to the governor for giving me this
opportunity to serve the public of
the Empire State in this new way.”
In naming him to the state’s
highest bench in 2017, Cuomo
said, “Justice Feinman will be an
exceptional addition to New York’s
highest court. He is a talented jurist
who has dedicated his career to
public service and standing up for
a fairer and more just New York.”
At that time, Matthew Skinner,
then executive director of New
York’s LGBT Bar Association and
now head of the Failla LGBTQ
Commission, said, “It’s just an absolutely
terrifi c day for the LGBT
legal community in New York. It’s
a day that has been long in coming…
This doesn’t guarantee any
outcomes, but we’re relieved to fi -
nally have a seat at the table.”
The need for an LGBTQ jurist
on the Court of Appeals was particularly
evident in 2006, when
that court ruled against equal
marriage rights in a 4-2 decision.
It would be fi ve years before marriage
equality became a reality in
New York State.
In her statement announcing
Feinman’s death, Chief Judge
DiFiore described him as “a meticulous,
disciplined, and humble
jurist who weighed the legal interests
at stake in each case with
great integrity in order to arrive
at the correct and just result. His
scholarly, well-written opinions
refl ect a deep knowledge of the
law balanced with a generous humanity
and commitment to justice…
And no one could want for a
warmer or more caring colleague
than Paul Feinman. Throughout
his career, Judge Feinman was
a tireless and resolute champion
of LGBTQ rights, a trailblazing
pioneer for LGBTQ lawyers and
judges, and an incredibly dedicated
mentor who inspired countless
judges, attorneys, and law
students.”
Paul Feinman is survived by his
husband, Robert Ostergaard, and
will be commemorated in a private
funeral service.
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