Monday, June 28, 2010

Elena Kagan is NOT gay says friends

So, Elena Kagan is not gay according to her friends.  While this may, or may not be true, it brings up an important question: "Why does it matter one way or the other as it relates to her ability to be an effective Supreme Court Justice?"     


The problem is that socially, we subscribe to the idea that anyone who is not a white man is bad and biased.  Part of it is that members of minority groups subscribe to the idea of these monolithic communities -- as if all gay, Black, Hispanic or Asian people are all alike.  Every group has to account for differences in class, education level and socio-economic status in order to truly understand that people are not all the same.  It's as absurd as decrying that there is a White community.

But back to my initial argument. The assumption is that if Elena Kagan is gay that she will somehow "gay up" everything is absurd.  Certainly issues that gay rights organizations are fighting for currently represent very middle class values (particularly marriage equality), but Kagan is on record as saying that there is no constitutional right to same sex marriage.  So, even if she is a lesbian, she is at least not going to be sympathetic (it seems) to an argument that marriage equality is guaranteed in the Constitution. Which, contrary to what many believe, means that as a lesbian (again, if she is a lesbian) she makes decisions based on the letter of the law rather than based on what may be at stake personally.  

But let's assume that Elana Kagan is a lesbian is going to "gay up" the Supreme Court.  I thought the Supreme Court was about having a group of thinkers from all political leanings so that they could uphold the law and protect the rights of the people.  Rather, by attacking Kagan's alleged lesbianism, it seems that those who oppose her on those grounds simply want a group of like-minded people who would adjudicate based on those political leanings.

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