Friday, May 14, 2010

The KAGAN Question

The White House denies it, feminists call it a distraction, the right wing wants to "expose" it, the left wing wants to "embrace" it.... but EVERYONE WANTS TO KNOW!! Is Elena Kagan gay?
Kagan, who is a graduate of Harvard Law School, was recently nominated to the Supreme Court by President Obama on May 10th of this year.
The question of her homosexuality has been the subject of much debate since her nomination and quite frankly, I think it's a tremendous waste of time. But does it matter? Does it matter to the gay community? Some people say it does. I say, since when does sexual preference have ANYTHING to do with a person's ability the hold ANY office in the United States? Home of the brave and land of the FREE indeed.

Here's why some people think it does matter...

A Cornell law professorhas said that Kagan clearly indicated she believes gay marriage is a political question, not a constitutional one, meaning there is no constitutional right to gay marriage, but Maggie Gallagher says that's not true. She cites the fact that the Human Rights Campaign agrees with her that Kagan supports marriage equality.
Furthermore, Ed Whelan notes that Kagan issues a slippery "clarification" of her stance on whether or not gay marriage is constitutionally permissible. I can see how her stance on this issue is of large concern to many Americans, gay or straight...but nevertheless, her position on this issue has no bearing, in my mind, on her own sexuality.

Naturally, the right wingers have been quick to jump into this debate. Many talk radio heads have critiqued the way she looks, stating she is masculine because she's been known to smoke cigars and play poker. It has also been brought up that while she served as Dean at Harvard, she kicked military recruiters off the campus because of the DADT policy.

Kagan was recently pictured on the cover of the Wall Street Journal playing softball. The picture is quite old, clearly from her college days. Pat Buchanan had this to say of the "suspicious" photograph:

"Women's softball has been associated with lesbians and being gay for a long time not exclusively obviously, a lot of girls teams play softball, but that's been sort of a signal, like two men sunbathing together on a beach or something like that - the immediate implication is that they're gay"

I see... well, Mr. Buchanan, I had no idea you were such an expert on gay lifestyle... let alone gay "signals".

Elena Kagan is 50 years old and unmarried... clearly... she must be gay! Do I detect a little sexism? Check out this clip from a Fox News program with Megyn Kelly that discusses the now notorious softball photograph of Kagan and issues of sexism:

I think there are so very fine points made here... but seriously people... it's one photograph!! Why is this causing so much upheaval?!

Granted, if she is gay and denying it, I could see how this would affect people in the gay community. An openly gay member of the Supreme Court would certainly be advantageous for the rights of gay people across the country. It would also send a powerful message of acceptance. But let's face it, if she is gay and denying it... it will eventually, pardon the expression, COME OUT. It always does (link to previous blog post of George Reckers)

I still believe that this is %100 nobody's business but what do y'all think?

-Vignette-Noelle Lammott, Fish out of Water Blog Commentator -

"To find out more information about LGBTQ rights, gay marriage, religion and homosexuality, The Bible's stance on gay relationships or the politics around gay mariage please feel free to contact us or book a screening of FISH OUT OF WATER. Please note that a study guide can be downloaded from the "Book A Screening" page"