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It's a Queer Thing: Is Elena Kagan, Supreme Court Nominee, gay?

Updated on May 14, 2010

 Inquiring minds wanna know. Rumor and innuendo on the Internet and in print claim she is. After all, she is middle age, never married, no kids, no real life outside of law. Obama emphatically states that she is not a lesbian, yet,  when Elena is asked directly about it, she hides under the cover of it is an "inappropriate" question and fails to address. That action, to many Americans is a dodge, another way to silently claim and prep the public that she is a lesbian. How many times have you been asked a direct question, a yes or no type, and refuse to answer or redirect the answer by asking a question?

Elena's sexual preference in private may or may not impact her own opinion and vote when faced with a gay rights issue. It depends on her, how willing she is to stand for what is right. Some judges do push their own agenda in subtle ways by ruling for or against. Elena may be of such strong character that she will rule on the facts and law rather than her own biases and feelings. If she is gay, the gay community will celebrate it until a case comes forth that she may not agree with and vote against. They will then say she is a "traitor". The conservatives will no doubt will ask the question a again and if she continues to dodge it, more suspicion will be cast upon her.

There have been other gay supreme court justices who faced the same questions and simply addressed them, not dodged them. They went on to be impartial. At the worst, a judge can recuse themselves from a gay issue that faces the court or simply not vote if they feel otherwise.


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    • profile image

      Mad Dog 

      8 years ago

      That's all we need is more freaks in Washington. Such as Barney Frankfurter. Ha! The Judicial system now is something of a "laughing matter as are most politicians". Who says the country isn't going to Hell.

    • perrya profile imageAUTHOR


      8 years ago

      I agree.

    • BJBenson profile image


      8 years ago from USA

      Unless it causes her to make bad judgements it doesn't matter.

    • Neil Sperling profile image

      Neil Sperling 

      8 years ago from Port Dover Ontario Canada

      She looks like she is NOT gay. Never happy I mean... LOL

    • tonymac04 profile image

      Tony McGregor 

      8 years ago from South Africa

      One of the best judges on the South African Constitutional Court was openly gay, another a lesbian, another judge on a lower court bench who is extremely competent is also a lesbian. What the hell difference does it make? None whatsoever. I find it amazing that this is even an issue. South Africa has long past this stage, thank God! Discrimination on the basis of sexual preference is specifically banned by our Constitution, with the result that people are relatively open about it and it gets discussed openly and without stigma. So far that hasn't caused the sky to fall on our heads or for any judgements to be questioned because to the sexual preferences of any of the judges.

      Thanks for sharing this.

      Love and peace


    • Cari Jean profile image

      Cari Jean 

      8 years ago from Bismarck, ND

      My first thought when reading your title is "Lord, I hope not." But also just because she's middle-aged, not married, etc. doesn't mean she is gay. I know a lot of women in that same category and they are by no means gay. I just can't believe you can pick someone to be a Supreme Court Judge who has never been a judge.

    • American Romance profile image

      American Romance 

      8 years ago from America

      she is an adult female softball player! who of us knows' an adult female softball player thats not gay? question answered! besides have you seen her? good God man! She needs to be gay cause for her its the only way! LOL, OK just being silly folks, have fun with this! NO backlash! hahaha

    • profile image

      Madame X 

      8 years ago

      I'm no fan of Kagan's - take a look at her history and comments regarding free speech. But the gay issue is a red herring. First, it's a non-issue, unless she plans to let it influence her decisions in law. For this reason I think it's important for her to be questioned about it. And second, it would be a very big mistake for the conservatives to dwell on this point and let it obliterate more important issues. And third, she has no actual judicial experience. Personally, I don't think she's right for the job, but that usually means she'll end up on the bench.

      Interesting hub, and very timely :)


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