Is Elena Kagan gay or not? That is the question everyone is asking everyone else but Ms. Kagan.

My knee jerk response to the question of her sexuality is that it isn’t anyone’s business. However on further and deeper consideration it occurs to me that it is our business if she is gay.

Ms Kagan has accepted a nomination to the highest court in our country, she will be making decisions of the utmost importance which will affect all Americans. It is safe to say that in the next decade the Supreme Court will be asked to make some decisions regarding homosexuals.

I’m against outing anyone who doesn’t want to be outed. However, Ms Kagan has become a public figure by accepting the nomination. As someone who may hold considerable power it is her obligation to be forthcoming with the answer to this question.

The assumption seems to be that indeed she is a lesbian. If that is true, and not that there is anything wrong with it, then why isn’t she saying so? Is she ashamed of her sexuality? If she is gay and remains in the closet will she vote against gay rights?

She wouldn’t be the first.

Roy Ashburn, Republican senator who recently announced he was gay because he got busted, has voted against every gay rights bill put before him. And he only made number 5 on the top ten list of anti-gay gays.

The right might want to take Ms Kagan’s sexuality and make it an issue but the left has an obligation to ask this question so that she doesn’t use the court to hide her sexuality.

I hope she is gay, I hope she stands up and announces to the world “Yes, I am” like so many courageous men and women leading everyday lives.

It takes courage to come out of the closet. There will be a shit storm if she states that she is gay, no doubt about that. But if she refuses to answer the question and she is gay she is doing a horrible disservice to gay rights and to young men and women everywhere who struggle with their own sexuality.

Related articles by Zemanta

• Andrew Sullivan on Elena Kagan’s “emotional orientation” – emotional orientation? (althouse.blogspot.com)
• Best Friend Testimony: Elena Kagan is not a lesbian (bilerico.com)
• Elena Kagan: Not Gay After All? (outsidethebeltway.com)
• Does it matter if Elena Kagan is gay? (beliefnet.com)

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I’m off to buy this book right now. I will definitely have something to say about this. I’d like to say it’s all bullshit but I really want to read what she has to say first.