Wednesday, May 12, 2010

Is It Wrong to Ask Elena Kagan If She's Gay?

Posted by on Wed, May 12, 2010 at 10:28 AM

The controversial WSJ front page
  • The controversial WSJ front page
Glenn Reynolds, University of Tennessee law professor and tea party hero, is giving his opinion on the blogger-fomented debate over whether Elena Kagan is a lesbian, whether anyone should ask her about it and whether her sexuality would make any difference on the Supreme Court.

“Nobody believes that we are naming people to the Supreme Court because we are picking the best judge,” the Instapundit blogger tells the Boston Herald. “We are talking about empathy and personal stories. Once you do that, you open the whole person up to consideration.”

Openly gay blogger Andrew Sullivan also is among those calling on Kagan to answer questions about her sexuality, pointing out that she will rule on gay rights issues on the court, and the whole controversy has gotten pretty ridiculous. The Wall Street Journal was accused of stereotyping lesbians by publishing a picture of Kagan playing softball, and her liberal friends have gone to the media to deny she's gay—all while insisting it would be OK if she were.

Since everyone else is weighing in on this, so will Pith. It's simple. There's nothing wrong with being gay, therefore, it's wrong to ask Kagan if she is gay. We might as well ask Antonin Scalia if he does it doggie style.

Slate's William Saletan on this issue, and Andrew Sullivan's response.

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