
Elena Kagan (C) 2009 Guardian UK
People who say Kagan's sexual orientation is not relevant to the vetting process for SCOTUS justice would be right, if she herself were honest about it. Refusing for decades to say or demonstrate anything on this topic does not indicate honesty. Rather, it reveals fear of public opinion, lack of faith in herself, and cold calculation of careerist interests. This attitude has been the norm for lesbians and gays seeking public office or high positions in private industry until recently, and understandably so. But, our society has changed. Americans have come to value honesty in their public figures, even if we don’t always get it.
The best evidence for the change in the public’s regard for gays and lesbians is in the entertainment industry, where big names such as Ellen DeGeneres, Lindsay Lohan, Rosie O’Donnell, Elton John, and Nathan Lane are out of the closet. In politics, we have Barney Frank and Houston’s mayor, Annise Parker. Parker is especially significant, given that Houston is a conservative stronghold and she is raising children with her partner.
Hypocrisy is not the order of the day. It’s not Tiger Woods’ squadron of mistresses that upset America, but his blatantly false façade. Elliott Spitzer’s dalliances would have been laughable and irrelevant if he hadn’t been on his high horse campaigning against prostitution. The public will excuse personal weakness, faults, and all manner of imperfections as long as they are not denied, swept under the carpet and masked by a stone wall or alternate reality. In Kagan’s case, we’re looking at the stone wall. What lies behind isn’t the problem; it’s her longstanding willingness to hide there.
I would be glad to support a lesbian candidate for our highest court. I’ll even trust that Obama knows she is qualified and take his word for it. Nonetheless, I expect Kagan to have exemplary personal integrity and evasiveness about a fundamental attribute of ones being shows she falls short.


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