( CNN ) -- If confirmed , Massachusetts Gov . Deval Patrick 's nominee for the state Supreme Judicial Court would be the first openly gay justice to serve on the state 's highest court . Patrick , a Democrat , nominated State Appeals Court Judge Barbara Lenk to fill the seat held by Judge Judith Cowin , who announced her retirement earlier this year . `` I am honored to nominate Justice Lenk to the Supreme Judicial Court , '' Patrick said in a statement . `` She is a brilliant and thoughtful jurist , with a deep sense of justice . '' Lenk would be the only Supreme Judicial Court judge in a same-sex marriage , according to a governor 's office spokeswoman . `` I will bring with me the sympathy and understanding of one who has experienced a full life from both inside and outside the mainstream , '' Lenk said at a news conference announcing her nomination . Originally from Queens , New York , Lenk is a graduate of Harvard Law School . She has served on the state Superior Court and the state Appeals Court , where she is a senior associate justice . `` Justice Lenk possesses a first-rate legal mind and is a seasoned jurist who has earned the respect of her colleagues both on the Appeals Court and throughout the legal community , '' said Appeals Court Chief Justice Phillip Rapoza in a statement . `` She has all the personal and professional attributes that will make her an outstanding justice on our state 's highest court . '' Now , Patrick 's nomination must be approved by the Governor 's Council , the elected body that votes on gubernatorial appointments . No date has been set yet for Lenk 's hearing .
Democratic Gov . Dan Patrick nominated State Appeals Court Judge Barbara Lenk . Governor 's office says Lenk is in a same - sex marriage . ` ` Lenk has a first - rate legal mind , '' State Appeals Court chief justice . Nomination must be approved by the Governor 's Council .