A Note on Kagan From "That Person"

by Benjamin Domenech on 4:14 pm May 10, 2010


Well, who didn’t see that coming. On the left, Andrew Sullivan is demanding to know if Elena Kagan is gay, and on the right, the American Family Association and Americans for Truth are slapping a “no gays here” sign on the Supreme Court.

By claiming “no lesbian is qualified to sit on the Supreme Court,” the AFA and AFT put themselves on the fringe of politics and society. While there are obvious political benefits for the president in a history-making appointment, the sexuality of a nominee should never be a determining factor in whether they are qualified for a position on the court, either as a positive or negative. How will you interpret the law? When it comes to getting the job, how you answer that question matters most.

An aside: Robert Gibbs today referred to me as “that person”, but his quotes indicate he may never have read my actual piece. Given that I was not lodging an attack but citing a potential political benefit, it may be that, as the Columbia Journalism Review noted, the White House now wishes it had just issued a mild correction.

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