All About Kagan

by Ryan John

It’s ironic that the policy Supreme Court nominee Elena Kagan publicly refuted at Harvard will be the same concept that will get her elected to the highest court in the next couple of months. The Kagan nomination from President Obama creates an interesting dilemma. Biden set the tone when he supported Obama’s choice Tuesday while regurgitating the same talking points about Kagan she has during her career. But regarding her sexuality, I think Kagan is simply not telling, because nobody is asking. I think she has been a very strategic lesbian academic with political ambition who didn’t make her sexual orientation known because of its potential to be used against her.

I’m pretty convinced she is a closeted lesbian, but I don’t doubt that she supports the military.  It’s the “don’t ask, don’t tell” policy that had her so fired up at Harvard. I still think that a truly patriotic person wouldn’t sacrifice military recruits just to show her disapproval with “don’t ask, don’t tell.”  But hopefully that will be brought up at the hearings.

This leads me to question whether her sexual orientation should continue to be the non-issue it has been. We’re sure she is going to be super supportive of any gay legislation that comes up, but will she ever announce a girlfriend in the years to come? If so, by that time she’ll be on the Supreme Court for life. But will it be worthy of criticism then because of her lack of disclosure during her hearings in 2010? My guess is she’ll skate around that issue by saying, “well, I was never asked so therefore I didn’t lie.” By that time everyone will be too busy touting the historical significance of the first gay judge to sit on the highest court.

Then, I believe we’ll see a true victory for the gay and lesbian movement as democratic politicians reap the benefits from the typically financially well-off homosexual base. I mean geez, in Philadelphia one representative was “outed straight” by the lesbian incumbent who accused the young single guy trying to represent a predominately gay section of the city, of only saying he was a bisexual to win over the gay vote. Should Kagan’s sexual orientation be questioned during her confirmation?  Yes. But it would have to be done by a Senator ready to commit political suicide.