In a time when a judicial nominee accused of showing empathy might find themselves disqualified, what happens when a nominee is accused of being gay?
Does it matter if Elena Kagan is gay? Should it? Kathy Belge is asking that question over at About.com
Here's my summary: Does it matter if she's gay? It matters to me socially, but not judicially. Does it matter if she's in the closet? Maybe. I like honesty in my judges. Will it affect her ability to be confirmed? Probably. Whether she's gay or not, the implication will make this confirmation more difficult. In coded language, she will face a witch hunt.
For my full comments, and some good dialogue, head over and join the discussion.