AS REPUBLICANS question Elena Kagan's lack of judicial experience, the latest Supreme Court nominee also faces speculation of a more personal nature.
Such as: Why isn't she married? And: Is Kagan a lesbian? One line of questioning is insulting because of the insinuation that there's something wrong with a woman who doesn't marry, but the latter could matter more because of cases that might come before the highest court in the land.
Let me tackle the why-isn't-she-married thing first, since this tired line is a pet peeve of mine that often comes up when a high-profile, single woman is nominated for an important position.
Why is it that no matter what a woman's accomplishments are or how involved in her career she is, a single female past a certain age automatically is regarded with suspicion? Why aren't you married? is the question on people's minds even if some folks don't say it out loud.
It's so predictable that unmarried women come to expect this type of impolite prodding into their intimate lives even from their families around the Thanksgiving dinner table.
But when the discussion is focused on the possible next member of the U.S. Supreme Court, the attorney who would replace retiring Justice John Paul Stevens, you'd think a woman could catch a break for the sake of dignity if nothing else.
I feel differently, though, about the lesbian rumors. I'd be lying if I said I don't really care whether Kagan, who was the first female U.S. solicitor general, is gay, as has been rumored. In fact, I'd secretly be thrilled since it's high time that the U.S. Supreme Court had a gay member. We've come to expect diversity on the nation's highest court and that includes a wider view than simply sex, ethnicity or religious background. It's also about having different lifestyles and sexual orientations represented. Kagan's touted ability to work across ideological lines indicates that she has no trouble brokering diverse opinions.
My only wish is that if Kagan is homosexual, that she would be open about it. While one's sexuality doesn't necessarily color one's world view, I would love to see a proud, self-avowed lesbian on the court who, hopefully, wouldn't shy away from advocating for gay rights.
Much already has been written about her opposition as dean of Harvard Law School to military recruitment on campus because of the military's discriminatory don't-ask-don't-tell policy.
If it turns out that Kagan is gay and closeted, that could potentially make a difference in her legal rulings, too - not to mention being a blow in terms of her personal credibility.
The rumor mill is buzzing with certain bloggers all but declaring Kagan a lesbian, which she hasn't confirmed or denied. A CBS News blog entry last month referred to her as being possibly the first "openly gay justice," but that post was later amended, reportedly at the request of the White House.
"My guess is that if she was [gay], given her status both as the first female dean at Harvard Law and solicitor general, that the fact would be well- known," pointed out Malcolm Lazin, executive director of Philadelphia's Equality Forum, which organizes the city's annual celebration of gay culture.
In the days ahead, we'll find out much more about Kagan, as people pore over her work and analyze her every word. In the end, it will be her respect for the law that matters - not her sexuality. here
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