Berner was born inWoking,Surrey,England to American parents.[3] During her childhood, her family moved to the United States, settling inOakland, California.[4] She earned a Bachelor of Arts degree inwomen's studies from theUniversity of California, Berkeley.[2] During her studies, she spent a semester in Israel studying at theUniversity of Haifa, and decided to move there. After completing her degree, she moved to Israel. In 1990 inTel Aviv, she founded the Bat Adam organization, an advocacy group for victims of sexual assault and domestic violence.[4][5]
In 2000, as a dual American-Israeli citizen, represented by theAssociation for Civil Rights in Israel, Berner and her then-wife Ruti Kadish prevailed in a landmark civil rights case before theIsraeli Supreme Court.[7][6][8] Berner had legally adopted their son in California, but when the family moved to Israel, attempts to register their son with two mothers were refused by theMinistry of Interior in Israel.[7][9][10][11] The subsequent legal case,Berner-Kadish v. Minister of Interior, challenged the refusal to register Kadish and Berner's second parent adoption of their son. The Israel Supreme Court ruled that the Ministry of Interior must register the adoption decree, accepting legally that the child has two mothers.[7][12][13]
In 2019, liberal groupDemand Justice included Berner on their list of suggested Supreme Court nominees for any future Democratic president.[19] In 2023, Berner was named an adjunct professor of law atVanderbilt Law School.[20]
On November 15, 2023, PresidentJoe Biden announced his intent to nominate Berner to serve as aUnited States circuit judge for theUnited States Court of Appeals for the Fourth Circuit.[14][6] On November 27, 2023, her nomination was sent to the Senate. President Biden nominated Berner to the seat vacated by JudgeDiana Gribbon Motz, who assumedsenior status on September 30, 2022.[24]On December 13, 2023, a hearing on her nomination was held before theSenate Judiciary Committee.[25] During her confirmation hearing, she answered questions, including about her work as general counsel for theSEIU.[26][27][28] On January 3, 2024, her nomination was returned to the president underRule XXXI, Paragraph 6 of theUnited States Senate[29] and she was renominated on January 8, 2024.[30] On January 18, 2024, her nomination was reported out of committee by an 11–10party-line vote.[31][32] On March 14, 2024, the Senate invokedcloture on her nomination by a 48–40 vote, with SenatorJoe Manchin voting against the motion.[33] On March 19, 2024, her nomination was confirmed by a 50–47 vote, with Senator Manchin voting against confirmation.[34][35] She received her judicial commission the same day.[36] Berner is the first openlyLGBTQ judge to serve on that court.[37]
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