I know that much is being said amongst both Progressives and Conservatives about Kagan’s possible lesbianism. Progressives are mad at her for being in the closet; Conservatives are worried about her orientation affecting her rulings as a Supreme Court judge. Both are completely wrong.
Regarding the Progressive’s disdain for Kagan’s decision to keep her private life private, I say get out of people’s bedrooms. This is Kagan’s private life we’re talking about. She gets to decide how she wants to handle it. It’s not for political activists to decide what is best for her, her family, and her significant others and friends.
As for Conservatives, even if Kagan is lesbian, it’s irrelevant. What matters is her unabashed Progressivism. That will control her thinking on whatever issue comes before her, whether it’s corporate taxes, the death penalty, abortion or gay marriage. Her decisions will be completely consistent with any other Progressive’s, regardless of hetero- or homosexuality. Her bedroom behavior is no one’s business because her political decisions are affected by her political orientation, not her sexual orientation.
You and I may have cause to decry the fact that gays and lesbians, as part of identity politics, gravitate almost unthinkingly to Progressive positions, but that’s not the issue with Kagan. That is, we’re not arguing whether her sexuality decided her politics. The fact is that she is now, for whatever reason, a Progressive, and it’s her politics, not her sex life, that should be under scrutiny.