cross-posted on Huffington Post
“I’ve known her for most of her adult life and I know she’s straight,” said Sarah Walzer, Kagan’s roommate in law school and a close friend since then. “She dated men when we were in law school, we talked about men — who in our class was cute, who she would like to date, all of those things. She definitely dated when she was in D.C. after law school, when she was in Chicago – and she just didn’t find the right person.” – Elena Kagan’s friends: She’s not gay
So much for the So What? defense.
Instead we’re outing heterosexuals. It’s all the rage in the Kagan age.
From the White House going berserk over the CBS blog post that charged Elena Kagan was gay, to Matthew Yglesias who said he thought so too, to the latest Friends Defense, this entire spectacle has embarrassed just about everyone.
The hardest hit is Andrew Sullivan, with Politico asking: Did Andrew Sullivan act irresponsibly in pushing the is-Kagan-gay? story line so forcefully? Sullivan always goes for speculation based on what he doesn’t know instead of what can be proven with facts, so I’m not quite sure why there is a question here. That Sullivan has a track record of disrespecting strong women, whether it’s Hillary, Sarah or Elena, is what actually should be the tell whenever he’s on the warpath. It’s part of the fact free fantasy world Sullivan inhabits that’s at issue.
Pam Spaulding is a better barometer on asking the question, coming up with a secondary point of fact: I will say that the open secondary discussion — that if Kagan did identify as a lesbian privately but was closeted publicly could be a problem in some quarters of the LGBT community was interesting and healthy to have.
It’s as if no one at the White House ever thought of this possibility. Thus cue the I Know Elena Kagan And the Elena Kagan I Know Likes Men faze of Supreme Court vetting, which the White House is clearly pushing, with Kagan proponents on all sides, gay and straight, bending over backwards to prove her feminine credentials, along with her straight man lust.
As a side show to this is softballgate and the photo pictured on the front page of the Wall Street Journal.
“It clearly is an allusion to her being gay. It’s just too easy a punch line,” said Cathy Renna, a former spokesperson for the Gay and Lesbian Alliance Against Defamation who is now a consultant. “The question from a journalistic perspective is whether it’s a descriptive representation of who she might be as a judge. Have you ever seen a picture of Clarence Thomas bowling?” – Softball Question, by Ben Smith
“A punch line?” Talk about touchy. Clarence Thomas bowling? It renders me speechless.
And it makes no difference that Patrick J. Buchanan sees a correlation between softball and lesbians. Are we never going to drag our country into the modern era, the 21st century, and simply laugh at people who remain in the 19th?
All of this misses the most important conversation, an opportunity missed, that the White House and all libertarian minded people should champion: You think Elena Kagan is gay? We have no idea. But so what if she is?
That’s exactly where gay rights groups should be, but instead these small minded people are talking about her possibly looking butch on the Wall Street Journal, though they won’t say that outright, and getting defensive over sporting comparisons with lesbians that are no less stereotypical than when Mike Barnicle squealed that Hillary Clinton reminded all men of their ex-wives.
I’m embarrassed for everyone, especially the White House. They’re obviously so uncomfortable with gays that they trotted out people who know her to out her as a heterosexual.
However, considering this country still thinks to be gay is to practice immoral behavior I certainly don’t expect Pres. Obama to show courage and mount the So What? defense. Because if there is one thing Mr. Obama isn’t doing it’s advancing social issues and the rights of women or gays (see health care and DADT). Can’t get caught being progressive, especially in an election year.
Perhaps we should be talking about this instead:
A 1998 memo shows that Kagan was among advisers encouraging Clinton to deny Medicare funding for abortions in cases of rape or incest – in part to avoid a messy battle with Republicans.
But no.
[...] But Journal officials ridiculed a question about the image, which also appeared among other photographs in the Times’s coverage of Kagan. “If you turn the photo upside down, reverse the pixilation and simultaneously listen to Abbey Road backwards, while reading Roland Barthes, you will indeed find a very subtle hidden message,” said Journal spokeswoman Ashley Huston. “I think your question is absurd,” said Journal Deputy Managing Editor Alan Murray in a separate email. – Softball Question, by Ben Smith
What a sorry spectacle this is.
This essay has been updated.
She talked about men with a law school roommate, thus “proving” she’s heterosexual. She played softball, thus “proving” she’s lesbian.
Much of the media, politicians, and a fair percentage of the population in general, still treat LGBTs as a convenient “wedge issue” (see ancient 1990s U.S. political history) and distraction. That reality is a fact of life in the LGBT struggles for equality.
Your concluding statement is a good summary, Taylor: it is a “sorry spectacle.” And speaking for this lesbian only, I’m very, very tired of being seen and treated as a “spectacle.”
Thanks for your focus on this.
Hey Joyce. It’s beyond comprehension that given some of what we know about Ms. Kagan that instead we’re being dragged into a heterosexual outing that means nothing in the scheme of what Kagan’s job will be on the court.
And in addition to the stupidity and damage done by yet another rehash of homosexual scare tactics and diversions, the scary part is just that — the serious questions are getting lost.
There you go again, worrying about trivia like a woman’s right to choose. We have much more important things to worry about; like what Ms. Kagan does in the privacy of her bedroom. Let’s waist tons of precious political oxygen obsessing about Kagan’s sexual orientation. Come on, it will be loads of fun for all!
Politics is so much more enjoyable when we regress to the mental state of sniggering teenagers who are spouting off and dishing dirt. Lets all yammer about the smart girl who is not part of the “cool set.” Not only is she a bull-dyke, she smells funny and did your hear…
Taylor,
I agree that being gay or not doesn’t matter in terms of being a Justice.
I do think it matters though if she is hiding something. If she is gay, and for whatever reason has been keeping it a secret all these years and it’s something she won’t reveal, I think it tells us something about her integrity and honesty and that is vital in terms of being a Justice.
If she’s been been willing to cover up and hide such an important part of her life for so long and at the highest levels, what does that tell us about her? What else is she willing to hide and cover up? What else isn’t she telling us? Why is she shamed or worried about being honest?
I wouldn’t want a Judge who would do that, about their sexuality or about some other key aspect of their lives, whether their religion or political beliefs or whatever. The public has a right to know. Especially with a lifetime appt. We have a right to know about someone who will literally have power over the meaning of the Constitution. If she’s a lesbian, fine, I don’t care. But I do care that someone willing to engage in an extensive coverup may have such power over the laws of the country.
Just like it would matter if a conservative nominee was a member of Opus Dei or was a muslim. Or if he or she was gay. Or bisexual. Or used drugs. Or was a drinker. Or liked to go swingers parties. Or any other aspect of their personal life. The SC is not a place for keeping secrets. If she wnats to remain closeted, then don’t volunteer for the Court.
If someone was running for President or Gov or Senate or whatever this would be 100% a legitimate issue. It shold be no different with the Supreme Court.
I want someone on the Court who has the courage and the integrity to stand up for themselves. Not someone who feels she needs to hide who she is to get along. What message does that send?
Moreover, it’s dangerous to confirm her if she is gay and hiding it from a security perspective. If she is hiding it it means it’s important to her and she cares about remaining closeted. So, if someone has proof to the contrary that could expose her, they may be able to blackmail her, to hold the court hostage.
Imagine a key case where her vote is decisive and someone passes word to her “Elena, if you don’t vote this way, certain pictures/audio recordings/video etc… may find their way to certain news outlets, websites, etc…”. There are currently likely 4 votes to overturn Roe. She would be the 5th. What if someone threatens to reveal info on her if she doesn’t provide that 5th vote? Do we really want that?
Do we want the Natl Enquirer exposing her like they did John Edwards or Gary Hart? That’d be a huge humiliation of the administration.
In 2010 we should be well past the point where someone has to hide such a vital part of themselves. What a strong message it would send if the President stood by her, and supported a gay woman for the highest court in the land.
If she’s straight, that’s fine, too. Althouh, I have to admit I’m mighty skeptical when I see articles baout people who knew her in college 30 yrs ago and how they used to talk about what guys were cute. Please. Next, they’ll probably produce some ex-boyfriend, just like Andrew Young kept saying he was the father.
And it’s not political. I think Condi Rice should have been more upfront and there were rumors about her. Same with Gov Crist in FL.
The truth shall set us free.
Might I add that this entire episode would be hilarious if it weren’t so sad. The bigger problem lies not so much with Obama, but with those who surround him and give him advice. His handlers. That has been the problem with his administration from day one. Why he keeps following the bad advice which he keeps getting is a mystery? Maybe he’s a very slow learner? Which would be a very good attribute for any leader you’d like to control. Peace
The responsibility for anything is never Obama’s, it’s always his handlers, his advisers, his underlings.
Oh, he’s responsible. He hired the fools that he’s getting all of his bad advice and information from. Would you like me to name a few of these idiots? Let’s began with Emanuel and Axelrod. Then let’s move to State. From there we can go to his national security advisors. Let’s not forget Ken Salazar, the oil industries main man. And so on……. Peace
Throwing out the LESBIAN label is the last ditch tactic for those who cannot bear that a qualified, smart, powerful WOMAN is being considered for a very important, powerful positions that the poor little “man” is never going to get.
This has been true for decades and is really about the person slinging this “mud”, not the target.
And our “fierce advocate” president? PULEEZE – controlled by his advisors? Ridiculous. Homophobia is the one clear explanation to his actions – and the fear to lead (unless he’s seen the way the crowd is going so he can run to the front and pretend they are following him).
Don’t forget his cowardly refusal to be photographed with Gavin Newsom.
About his leadership style, you’re onto him.
“Homophobia is the one clear explanation to his actions” But he has “some Gay friends in the Red States” He said so at the 1994 Democratic Convention.
Snark Off.
yeah,
sounds like “some of my best friends are negroes, gays, jews, whatever….”
Yes, Obama hates everybody Gays, Jews, Blacks,Asians, Latinos, White men, women etc…
Snark off
I am starting to see a pattern with people who are disappointed with Obama…they all accuse him of secretly hating them when they can’t get their way. Obama will make no one happy…he is so a one termer…Perhaps President Palin or President Mitt Romney will be Way better then Obama…Utopia awaits us in 2012
Could you name for me one unqualified, not so smart, less than powerful “WOMAN” in public life that you’re aware of? Just one would be fine. Peace
HHmmmm, know LOTS of men that fit this description!
Donna Brazile..there you go
speaking of Donna Brazile….go over to wonkthevoteblog. She has a wonderful piece about Donna
Good grief! Are we still having these conversations? in the 21st century?
You’d have thought that we’d have ended wars by now as well wouldn’t you? Don’t ask, don’t tell. Peace
My sentiments exactly JA.
“Are we still having these conversations? in the 21st century?”
Yup, 24/7 and until the cows come home.
” Are we never going to drag our country into the modern era, the 21st century, and simply laugh at people who remain in the 19th?”
Simply stated…NO.
The repugnantklan does NOT want to see Lesbians on the Supreme Court of the United States.
HOWEVER, if they’re tying each other up and simulating sex acts in a STRIP JOINT…the repugs are DOWN wit DAT!!!!!
Who gives a crap if she is gay or not. I can’t believe people especially Kagan has known in college are saying she is straight !! Well I could care less !! There are many girls and straight women that play softball/baceball and play football and basketball and wrestling and so on !!!
I agree with you…I don’t care if this woman is gay or not…all I am worried about is what kind of judge she will make…but some liberal blogs & Republican pundits are obsessed with Ms. Kagan sexual history…
Sending friends out to field questions about your sexual orientation? Sounds awfully suspicious to me, and awfully cowardly. Elena Kagan can speak for herself, and she should. Only she can put this speculation to rest once and for all.
I disagree that this is not an important question. Gay Rights, and how we collectively perceive Gay identity, are issues that will certainly come before the Supreme Court in the future. As prurient as speculation about Lesbian sexuality may seem to a lot of people, it belongs in the public discourse! Should Gay Americans have access to our highest leadership positions or not? That’s what these snide insinuations are really getting at. Well, then, let’s get at it!
Ms. Kagan would generate a lot of respect and goodwill if she would simply say: “I’m not a Lesbian, but what if I was? Why do some people seem to think loving another woman would disqualify me from serving on our nation’s highest court?” Or she could say: “I am a Lesbian. I wanted to end the wild speculation and bring out into the open what up until now has been a whisper campaign. If anyone thinks my sexual orientation affects my ability to serve as a Supreme Court justice, I’m ready to have that discussion.” Staying silent isn’t doing her a damn bit of good, but speaking up could be turned to her advantage.
I know I’m going to offend a good many folks by saying this, but it needs to be said: There’s no more dishonest statement than “I don’t care if so-and-so is Gay or not.” It’s complete bullsh*t! People never make a statement like that about heterosexual status. It only pops up when heterosexuality is in question, and it amounts to pure diversion. What people really mean when they claim not to care is that Gay identity makes them uncomfortable, and they want you to shut up talking about it. Well, that’s too bad. I, for one, am going to insist on talking about it! Homophobia is irrational, and like any other irrational behavior, it mustn’t be encouraged. Same-gender attraction isn’t the love that dare not speak its name anymore. It is discussed openly now, and it’s going to be discussed even more openly in the future. Someday soon, society will treat it just like it treats the topic of Straight identity, which is the way it always should have been. Heads up to all you Nervous Nellies out there: Get ready for it! You can handle the change; destroying double standards is easier to do than you think.
Sorry I have to disagree with you…Why did no one ask if Sony Sotomayor was Gay and demand she give a news conference about it?…Sure Sonia was briefly married but tons of gays have had brief marriages only for it to dissolve later…What is it about Elena Kagan that cause gay activist to demand her to state her sexual history in front of Millions of Americans…Why did no one demand Justice David Souter state is sexual orientation?…after all he was an adult man that has never married and lived alone with his mother all his life for crying out loud…lol
But people in the media are pushing for Elena Kagan to show proof that she is heterosexual…simply because she is a workaholic, unmarried and unattractive to the masses…therefore, in their minds this makes her a lesbian because to them no man would want someone like Ms. Kagan…
There weren’t widespread rumors about Sonia Sotomayor’s or David Souter’s sexual orientation at the time of their confirmation. If there had been, there wouldn’t have been anything wrong with asking them about it. Kansas City Star columnist Yael Abouhalkah sums up my feelings about this controversy perfectly. Earlier today, he posted this op-ed:
“The sexual orientation of Supreme Court nominee Elena Kagan is part of the backdrop of her confirmation process. And it should be. If and when Gay judges sit on the court, the law of the land is enhanced. The court needs a Gay judge (or judges), persons who recognize the prejudices aimed at men and women who are not heterosexual. With Gay rights issues such as ‘Don’t ask, Don’t tell,’ still circling in legal circles, the court needs to be able to more fairly and more humanely study these matters.
Indeed, President Barack Obama with both of his Supreme Court nominees has said, correctly, that the personal makeup of court justices is extremely important. He wants savvy people who can look at the law and apply it with legal principles in mind, but also bring their own qualifications out in the real world to the bench. Elena Kagan seems at this point to be a well-qualified person for the court. Knowing whether she’s Gay would help Americans know a little bit more about her and her life experiences.”
This is what it looks like when a Straight person doesn’t react to the discussion of a public figure’s same-gender possible attraction with a homophobic, knee-jerk outburst. This is what rational thought looks like in writing! I wish I saw more of rationality, instead of what I do see: thinly-veiled contempt for Gay identity, masquerading as a concern for privacy.
Your accusation that “Gay activists . . . demand (Kagan) to state her sexual history in front of Millions(sic) of Americans” is completely absurd. Saying you’re a Lesbian is no more revealing your sexual history than saying you’re Straight is. What’s more, your assessment of Ms. Kagan as “unattractive to the masses” is quite insulting. Who are you to speak for the “masses”? She looks like quite attractive to me. I don’t think her Right Wing critics have any problem with her looks, either. It’s her link to the Obama Administration and the decisions she might hand down. Those things concern me as well.
Taylor, I don’t understand how you blame the Obama White House for not jumping in front of the Kagan sexual orientation rumors. Perhaps, Ms. Kagan discussed with the White House not for her sexual orientation to be bought up in public.Even if Obama screamed at the top of his lungs that Ms. Kagan was straight would that have stopped all those horrible rumors about her?…I doubt it…The right & left attacked Hillary the same way and still do to this day.
Ms. Kagan strikes me as a very accomplished woman who just loves her job and has little time for dating…Is that so wrong American Media?…Does as a career woman now has to show proof of her sexual history before accepting a job?…I didn’t like Ms. Kagan in the beginning and felt Obama should have chosen someone else…however, I feel the media is treating her the same way they did Hillary Clinton. Now, I more inclined to support Ms. Kagan for a spot on the court.
Geez, as if there aren’t more important things to be concerned about. No one should care if she is gay or straight, as long as she can do the job.
I personally think she is not experienced enough, but, I thought that about Obama, too, and he has lived up to my non-expectations.
People do care, though. There’s no way people wouldn’t care, in a world where being Gay is so disrespected. We’ve got to get to the point of people respecting Gay identity before we can ever get to the point where they really don’t care. Unfortunately, it’s a long way off.